An Ontario Superior Court judge has granted bail to a woman accused of human trafficking in Milton without requiring a cash deposit, despite recent provincial regulations mandating full payment within 48 hours. Justice Scott Cowan released the woman after she and her sureties pledged $11,000 and committed to pay without the need for an immediate cash security deposit upon release.
Under the province’s updated bail system, individuals facing criminal charges and receiving bail must now provide a cash security deposit upon release, a departure from the previous requirement where forfeiture only occurred if the accused violated their release terms and the court ordered payment.
The changes, enacted by Ontario’s Attorney General Doug Downey on August 14 and effective from Monday, have sparked a legal challenge by two legal bodies, the Canadian Civil Liberties Association (CCLA) and the Criminal Lawyers’ Association (CLA). They argue that the imposition of “mandatory cash bail” is unfair. Jessyca Greenwood, vice president of the CLA, highlighted that federal law, specifically the Criminal Code, grants judges the discretion to impose bail conditions.
The constitutional challenge brought by the CCLA and CLA is scheduled to be heard next week. Greenwood emphasized the injustice of requiring individuals to pay for bail, particularly for those lacking financial means, potentially leading to their continued detention.
Defence lawyer Leora Shemesh, representing the woman, affirmed that her client was released under strict conditions and emphasized her presumption of innocence. Shemesh underscored that bail release is a fundamental right for all Canadians, with mechanisms in place to address violations.
Ontario Premier Doug Ford’s office defended the new rules as necessary to safeguard the public, stating that the changes aim to enhance the accountability and seriousness of bail conditions, particularly concerning violent offenders and human traffickers.
The CCLA and CLA contended that the new cash bail system infringes on constitutional rights, arguing that criminal procedure falls under federal jurisdiction as outlined in the Criminal Code. They stressed that the province cannot supersede federal law and raised concerns about potential Charter violations with respect to bail denial.
The legal organizations emphasized that existing measures allow for addressing breaches of bail conditions through forfeiture, cautioning against enacting laws that may run counter to constitutional principles in the administration of the criminal justice system.