Ontario's new cash bail system on hold after judge grants injunction

Ontario's recently introduced cash bail system has been temporarily halted as a judge examines a legal challenge to its constitutionality. The Canadian Civil Liberties Association and the Criminal Lawyers' Association obtained an injunction today, following their lawyers and those representing the province's arguments during last week's court proceedings.

The new regulations, which came into effect this month, mandate that individuals accused of a crime and granted bail must provide a cash security deposit within two business days of their release. Previously, they were only required to do so if their release conditions were violated and a court ordered payment.

The legal organizations argue that this rule change encroaches upon federal jurisdiction and will make bail more difficult to obtain, particularly for marginalized individuals. However, the province contends that the modification is simply an administrative change that does not impact the conditions of release. In his ruling on Monday, Ontario Superior Court Justice William Chalmers affirmed that he is convinced the organizations have demonstrated the possibility of irreparable harm if an injunction is not granted while he deliberates on the case.

"The impact of the contested legislation may result in persons who would have otherwise been released, having their release denied or delayed due to the challenge in securing an able and willing surety," he wrote. "I am also convinced that there is no harm to the province if the injunction is granted." The judge concluded that the current system, in place for over 50 years, will remain in effect until his ruling on the legislation's constitutionality is made public.