TORONTO — Ontario’s new cash-deposit bail rules faced their first major legal test Thursday as two advocacy groups asked a Superior Court judge to freeze the changes, arguing Premier Doug Ford’s government has rewritten federal criminal law.The Canadian Civil Liberties Association and the Criminal Lawyers’ Association told Justice William Chalmers the requirement to hand over the full pledged amount in cash within two business days of release collides with the Criminal Code and the Charter right to reasonable bail. Chalmers heard a full day of arguments and said he will rule early next week on an injunction that would pause the rules until a final decision.Attorney General Doug Downey has described the old system as a “revolving door” that handed accused people a “get out of jail free card.” The new rules, contained in the Keeping Criminals Behind Bars Act and in force since August 17, require the cash — or a money order or bank draft — up front. Failure to pay is a provincial offence. The government says the change makes it far easier to collect forfeited bail when conditions are breached.Lawyers for the challengers argued the province has gone further than that. “Ontario’s new regime reverses that approach by requiring a cash deposit every time a court orders a promise to pay,” said Matthew Gourlay. CCLA director Shakir Rahim noted the cash demand applies to every accused person with a financial condition — first-time offenders included — not only those charged with violent or repeat offences..Government lawyer Zachary Green said the groups “overstate the impact” and pointed out the provincial offence does not include jail time. Justice Chalmers appeared unconvinced, remarking the province seemed to be trying “to do indirectly what they can’t do directly” and noting the legislation’s title itself suggests an intent to keep people in jail.A Superior Court judge had already tested the new rules last week by releasing a woman charged with human trafficking without requiring the cash deposit. Bail courts also reported confusion in the first days of implementation.The case is being watched beyond Ontario. Ford’s government is attempting to tighten bail at the provincial level after years of frustration with Ottawa’s handling of repeat offenders — the same tension Western provinces have voiced. Whether a province can unilaterally impose cash conditions on a federal criminal-law framework is now before the courts.A ruling on the injunction is expected early next week. The broader constitutional questions will take longer..WATCH: Legal groups challenge Ontario’s new cash bail rules in court.Ontario judge ignores new bail cash deposit rule in human-trafficking bail case
