Ontario Launches Mandatory Cash Bail System Amid Constitutional Concerns

Ontario is implementing a significant overhaul of its bail system starting Monday, introducing a "mandatory cash bail" requirement for accused persons granted release from custody, as CBC Toronto first reported.

Under the new legislation, a cash security deposit must be paid in full by either the accused or their surety within two business days of release. The Ontario government stated in a news release that these funds are returned once the case concludes or the surety's obligations end, provided bail conditions are met. If conditions are violated, the money is automatically recovered via court-ordered forfeiture.

Previously, releases on a promise to pay did not require an upfront deposit; payment was only triggered if the accused failed to follow release terms and the court ordered payment. In addition to the deposit, the province is introducing stricter collection tools—including property liens and wage and bank account garnishments—and requiring sureties to provide current identification and contact information. Failure to provide this data may result in a provincial offence charge.

Attorney General Doug Downey defended the measures at a news conference, stating they are necessary to end a "revolving door bail system" and strengthen public safety and community protection. Downey also noted the government is developing digital tools, including a surety database, to track repeat offenders.

However, the Canadian Civil Liberties Association (CCLA) and the Criminal Lawyers’ Association (CLA) are planning a constitutional challenge. In a news release, the groups argued that mandatory cash bail is unjust and creates "two tiers of justice," where those unable to afford deposits remain incarcerated despite being presumed innocent. The CCLA and CLA claim the province cannot rewrite federal law under the Criminal Code or violate section 11(e) of the Canadian Charter of Rights and Freedoms, which guarantees the right to reasonable bail.