An individual facing human trafficking charges in Ontario has been granted bail by an Ontario Superior Court judge without the requirement of a cash deposit, despite recent provincial regulations mandating full payment within 48 hours. Justice Scott Cowan allowed the woman’s release in Milton on Wednesday after she and her sureties pledged $11,000 and committed to payment.
The updated bail system in the province now mandates that individuals accused of a crime and granted bail must provide a cash security deposit upon release. Previously, forfeiture of the money was only necessary if the accused violated their release conditions and the court demanded payment.
Ontario’s Attorney General, Doug Downey, announced the changes on August 14, and they came into effect on Monday. The Canadian Civil Liberties Association (CCLA) and the Criminal Lawyers’ Association (CLA) have initiated a constitutional challenge against the new rules, criticizing the imposition of “mandatory cash bail” as unfair.
Vice President of the CLA, Jessyca Greenwood, emphasized that federal law takes precedence over provincial laws in cases of conflict. The Criminal Code allows judges the discretion to grant bail with stringent conditions, she noted. The legal challenge by the CCLA and CLA is scheduled for a court hearing next week.
Defence lawyer Leora Shemesh, representing the woman, expressed approval of the judge’s decision, highlighting her client’s presumption of innocence and entitlement to bail under appropriate circumstances. Shemesh clarified that her client was released under strict conditions, with a commitment to payment if bail conditions are breached, a mechanism inherent in the bail system.
The province defended the new rules as essential for public safety, emphasizing the need to keep violent offenders, including human traffickers, detained. The changes aim to make bail more impactful and consequential to safeguard victims and communities, according to a statement from Hannah Jensen, a spokesperson for Ontario Premier Doug Ford’s office.
The CCLA and CLA argued that the new cash bail system infringes on the Constitution, asserting that criminal procedure falls under federal jurisdiction, as outlined in the Criminal Code. They contended that the province’s attempt to alter federal law is unconstitutional and violates the Charter right to reasonable bail under section 11(e).
Legal groups have raised concerns about Ontario’s cash bail system, with plans to challenge its constitutionality through legal avenues. The clash between provincial and federal laws in addressing bail conditions continues to be a subject of legal contention.