Ontario cash bail system unconstitutional, legal groups argue in court challenge

TORONTO – The Canadian Civil Liberties Association and the Criminal Lawyers’ Association have filed a legal challenge against Ontario’s new cash bail system, arguing it is unconstitutional. Since last fall, Premier Doug Ford’s government has required people accused of a crime granted bail to pay a cash security deposit upon release.

This first annual payment is $205.00 + GST for one year, auto renewing at $233.00 + GST every 52 weeks. The organizations contest that the law encroaches on federal jurisdiction, as it pertains to criminal procedure, and violates a Charter of Rights provision ensuring a right to reasonable bail without just cause. They claim that the cash requirement will disproportionately affect those who cannot afford the deposit, leading to more people being incarcerated despite being presumed innocent.

Attorney General Doug Downey has previously stated he believes the measure and others would improve bail compliance. This report by The Canadian Press was initially published on August 17, 2026.