Judge grants injunction suspending new Ontario bail payment requirements

An Ontario judge has granted an injunction to temporarily suspend new bail requirements enacted by the Ford government, in agreement with legal organizations that the rules raise constitutional concerns. The Canadian Civil Liberties Association and the Criminal Lawyers’ Association contend that Ontario’s new regulations, which mandate a cash deposit for bail, encroach upon federal jurisdiction and make it more difficult for individuals to be released prior to trial.

The new rules, implemented earlier this month, require accused individuals granted bail to provide a cash security deposit within two days of release, whereas previously, they only had to forfeit the money if conditions were violated and the court ordered payment.

The legal group filed the injunction on Thursday, seeking to invalidate the rules as unconstitutional and to temporarily halt them until a final ruling is determined. An Ontario judge issued a seven-page decision on Monday, pausing the new bail rules until a broader constitutional challenge could be addressed. The judge stated that the applicants had proven irreparable harm could occur if the injunction was not granted.

The Canadian Civil Liberties Association and the Criminal Lawyers’ Association expressed their satisfaction with the ruling, asserting in a joint statement that the province lacks the constitutional authority to override judicial discretion in determining bail terms or to infringe upon the right to reasonable bail under section 11(e) of the Charter.

Despite the court's decision, a spokesperson for Ontario’s attorney general affirmed the government's stance, stating that they will not apologize for their efforts to strengthen the bail system. They emphasized that the government is employing every available tool to enhance the seriousness of bail conditions in order to protect victims and communities. In the meantime, the attorney general’s office has declined to provide further comment on the matter pending the court's decision.