TORONTO — The Canadian Civil Liberties Association and the Criminal Lawyers’ Association have filed a constitutional challenge against Ontario’s new mandatory cash bail rules, seeking an interlocutory injunction to pause the measures until the courts rule.The rules, contained in Bill 75 and related legislation, took effect Monday. Anyone granted bail must now deposit the full cash security amount pledged by the court within two business days of release. Failure to do so can result in a provincial offence charge against the accused or surety. Sureties must also keep current contact and identification information on file or face a charge. The province has added stronger collection tools, including wage and bank garnishment, property liens, and asset seizure when bail is forfeited.The groups argue the policy creates a two-tier system that leaves people who cannot quickly raise cash in jail despite being presumed innocent. They say it applies to first-time and non-violent accused as well as others, violates the Charter right not to be denied reasonable bail without just cause, and intrudes on exclusive federal jurisdiction over criminal procedure. The federal Criminal Code already gives justices discretion on security deposits, they note, and the province already has tools to seek forfeiture after a breach..WATCH: Ontario requires cash deposits for bail starting Monday.They also point to a 2020 Supreme Court of Canada ruling that the default form of bail for most offences is release on an undertaking with no — or only the least onerous — conditions.At a press conference last Friday, Attorney General Doug Downey defended the changes as closing long-standing gaps. “We cannot accept a revolving door bail system that puts innocent people, families and communities at risk,” Downey said. “We made a promise to fix the broken bail system, and now we are taking bold, decisive action to deliver on that.”The government says the measures improve compliance, make financial consequences immediate, and give courts practical tools to protect communities. Police associations have supported the reforms.No hearing date has been set for the injunction request or the full challenge.
