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CCLA, Criminal Lawyers’ Association Challenge Ontario Cash-Bail Rules
The groups say the change could keep more accused people in custody and discourages sureties, especially for those with low or fixed incomes.
On Thursday, The Canadian Civil Liberties Association and the Criminal Lawyers' Association challenged the constitutionality of Ontario's new cash-bail system in a Toronto court, seeking to strike down the rules.
Effective earlier this month, Ontario's rules mandate that individuals granted bail provide a cash security deposit within two days, whereas previously they only forfeited money if release conditions were breached.
The organizations contend the changes encroach on federal jurisdiction and contradict the Criminal Code, which explicitly directs courts to favor a promise to pay over cash.
Ontario Superior Court Justice William Chalmers, who is hearing the case, raised concerns about potential unintended consequences, suggesting the policy could lead justices of the peace to release individuals without monetary pledges.
By requiring cash deposits, the organizations argue the policy will effectively keep more individuals accused of a crime behind bars while awaiting trial, disproportionately affecting those with low or fixed incomes.