Ontario Implements Mandatory Cash Bail Amid Constitutional Challenge

The Ford government has implemented a new mandatory cash bail system requiring individuals accused of crimes to pay their full pledged security deposit within two business days of release. According to CityNews Toronto, the rules replace previous regulations that allowed accused persons to be released on a promise to pay without an immediate cash deposit.

Ontario Solicitor General Michael Kerzner stated the changes ensure financial consequences are immediate if an accused person fails to attend court or breaches bail conditions, asserting that bail orders are not suggestions. To further enforce these orders, the government introduced the ability to seize and sell property, impose property liens, and garnish bank accounts and wages. Additionally, sureties must provide current contact and identification information or face potential charges under the Provincial Offences Act.

Two legal rights groups, the Canadian Civil Liberties Association and the Criminal Lawyers’ Association, have filed an urgent constitutional challenge to pause the provisions. In a joint statement reported by CityNews Toronto, the organizations argued that mandatory cash bail creates "two tiers of justice," where those unable to afford payment face penalties or remain in overcrowded prisons despite being presumed innocent. The groups contend the law violates the Canadian constitution and the Charter right to reasonable bail, noting that criminal procedure falls under federal jurisdiction and that the province already possessed tools to seek forfeiture of pledged amounts.