An Ontario Superior Court judge has granted bail to a woman accused of human trafficking without requiring a cash deposit, defying new provincial regulations mandating full payment within 48 hours. Justice Scott Cowan released the woman in Milton on Wednesday after she and her sureties pledged $11,000 and committed to payment.
Recent changes to the bail system in the province now demand individuals accused of crimes and granted bail to provide a cash security deposit upon release. Previously, forfeiture of the money was only required if the accused violated their release conditions as ordered by the court.
These changes, announced by Ontario’s Attorney General Doug Downey on Aug. 14, came into effect on Monday. The Canadian Civil Liberties Association (CCLA) and the Criminal Lawyers’ Association (CLA) have initiated a constitutional challenge against the new rules, arguing that “mandatory cash bail” is unjust.
Jessyca Greenwood, vice president of the CLA, emphasized that in cases of conflict between federal law, such as the Criminal Code, and provincial legislation, federal law takes precedence. The Criminal Code grants judges the discretion to offer bail with stringent conditions, she explained.
The challenge by the CCLA and CLA is scheduled for a court hearing next week, aiming to address the alleged unconstitutionality of forcing individuals to pay for bail, which they argue may prevent release for those lacking financial means.
Defence lawyer Leora Shemesh, representing the woman in question, expressed support for the judge’s decision, highlighting that her client is innocent until proven guilty. Shemesh emphasized that bail was granted with strict conditions, and if violated, the government may seize the pledged funds, a long-standing practice in the bail system.
Responding to the judge’s ruling, a spokesperson for Ontario Premier Doug Ford’s office, Hannah Jensen, stated that the new rules aim to safeguard the public by ensuring violent offenders, including human traffickers, remain detained and that bail holds significant consequences.
The CCLA and CLA contended that the new cash bail system infringes upon the Constitution, as criminal procedure falls under federal jurisdiction, governed by the Criminal Code. They criticized the provincial government for potentially violating the Charter right to reasonable bail and deemed the implementation of unconstitutional laws as reckless within the criminal justice system.