CCLA launching Charter challenge against new Ontario bail regulations

The Canadian Civil Liberties Association (CCLA) is set to challenge the Ford government's new bail regulations under the Canadian Charter of Rights and Freedoms. The regulations, which took effect on Monday, require sureties to pay security deposits upfront within two business days. This change replaces the previous system of "promise to pay," where sureties would provide a promise instead of an immediate payment.

The CCLA argues that this shift creates a two-tier justice system, disadvantaging the less affluent. According to the organization, criminal procedure falls under federal jurisdiction under the Constitution. The federal Criminal Code sets out that a judge has the discretion to order a security deposit, a power which the province cannot alter. Furthermore, the CCLA contends that the new regulations contravene the Charter's right to reasonable bail, as well as the right not to have bail unreasonably denied.

The organization also expresses concern about potential overcrowding in Ontario jails due to fewer sureties adhering to the province's stricter payment timeline. This challenge follows other legal battles initiated by the Ford government, including one by EcoJustice against plans for special economic zones, and a successful challenge against the removal of bike lanes in downtown Toronto that was later overturned by the Ontario Court of Appeal.