Judge grants injunction suspending new Ontario bail payment requirements

An Ontario judge has ordered a pause on new bail requirements implemented by the Ford government, agreeing with legal groups that the rules raise constitutional concerns. The Canadian Civil Liberties Association and the Criminal Lawyers’ Association argued that the new rules, which mandate a cash deposit within two days of release, infringe on federal jurisdiction and hinder individuals' ability to be released pending trial.

Previously, bail required forfeiting money only if conditions were breached and the court ordered payment. Legal groups recently requested the injunction, arguing that the province lacks the constitutional authority to remove judicial discretion in setting bail terms and violate the Charter right to reasonable bail. An Ontario judge agreed on Monday, suspending the rules until the broader constitutional challenge can be addressed, citing the risk of irreparable harm to those affected if the injunction was not granted.

Both legal organizations welcomed the ruling in a joint statement, asserting that the province cannot override judicial discretion or violate the Charter without proper justification.