Ontario’s new cash bail rules on hold: judge
Justice William Chalmers said the rules could delay release for accused people and create greater harm before a constitutional challenge is heard.
- On Monday, Ontario Superior Court Justice William Chalmers issued an injunction temporarily suspending the Ford government's new cash bail system while he weighs a constitutional challenge to the rules.
- The Canadian Civil Liberties Association and the Criminal Lawyers' Association challenged rules taking effect earlier this month that require accused individuals to provide cash security deposits within two days of release.
- Lawyers argued the province lacks power under the Constitution to remove judicial discretion or violate the Charter's s. 11 right to reasonable bail, claiming the rules encroach on federal jurisdiction.
- Justice Chalmers wrote that the rules could cause irreparable harm, noting "the status quo that has been in place for over 50 years will be maintained." The province claims the changes are administrative.
- The injunction remains in place until a final ruling on the legislation's constitutionality is released. The province did not immediately respond to requests for comment regarding the ongoing case.
29 Articles
29 Articles
FONOM weighs in on bail reform debate asking feds and province to work together
The Federation of Northern Ontario Municipalities (FONOM) is calling on the federal and provincial governments to use the temporary suspension of Ontario’s new cash bail requirements as an opportunity to work together on a coordinated and constitutionally sound approach to bail reform.
Justice William Chalmers halts Ontario cash bail change over risk accused could remain jailed
Subhead:An injunction temporarily suspending Ontario's new cash bail rules was granted on Monday.# An Ontario judge has temporarily blocked the province’s new cash bail system after finding it could cause people who would otherwise be released to remain behind bars because they cannot produce the required money. Ontario Superior Court Justice William Chalmers granted an injunction Monday suspending the rules while he considers a constitutional…
Ontario’s new cash bail system put on hold by judge
Ontario’s new cash bail system has been put on hold while a judge weighs a challenge to its constitutionality. The Canadian Civil Liberties Association and the Criminal Lawyers' Association were granted an injunction Monday, after their lawyers and those for the province presented their arguments in the case last week.
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