An Ontario Superior Court judge has granted bail to a woman accused of human trafficking without requiring a cash deposit, despite recent provincial regulations mandating full payment within 48 hours. Justice Scott Cowan facilitated the woman’s release in Milton by accepting $11,000 from her and her sureties along with a commitment to payment.
The province recently implemented changes to the bail system, necessitating individuals accused of crimes and given 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.
Ontario’s Attorney General Doug Downey announced these changes on August 14, which came into effect on Monday. Two legal groups, the Canadian Civil Liberties Association (CCLA) and the Criminal Lawyers’ Association (CLA), have challenged these new rules, arguing that mandatory cash bail is unjust.
Jessyca Greenwood, the vice president of the CLA, asserted that federal laws take precedence over provincial laws in case of conflict. She highlighted that the Criminal Code grants judges discretion to impose strict bail conditions.
The constitutional challenge filed by the CCLA and CLA is scheduled for a court hearing next week. Greenwood emphasized the injustice of requiring payment for bail, stating that it unfairly limits release for those lacking financial means.
Defence lawyer Leora Shemesh, representing the woman in question, emphasized the presumption of innocence and the entitlement to bail for all Canadians under appropriate circumstances. Shemesh underscored that the woman was released under strict conditions with an agreement for payment if bail conditions are violated.
Responding to the judge’s decision, a spokesperson for Ontario Premier Doug Ford’s office, Hannah Jensen, stated that the new rules aim to safeguard the public by preventing the quick release of violent offenders onto the streets.
The CCLA and CLA contended that the new cash bail system infringes upon the Constitution, asserting that criminal procedure falls under federal jurisdiction, as outlined by the Criminal Code. They criticized the province for attempting to override federal law and violating the Charter right to reasonable bail.
The groups maintained that the province already possesses mechanisms to address bail violations through forfeiture of pledged amounts, arguing against enacting unconstitutional laws in the criminal justice system administration.
