An Ontario Superior Court judge has granted bail to a woman accused of human trafficking without requiring a cash deposit, contrary to recent provincial regulations mandating immediate full payment. Justice Scott Cowan released the woman in Milton on Wednesday after she and her sureties pledged $11,000 and committed to payment.
Ontario recently implemented changes to the bail system, necessitating individuals facing criminal charges and obtaining bail to provide a cash security deposit upon release. Previously, forfeiture of the money was only required if the accused violated their release conditions and the court demanded payment.
The modifications, introduced by Ontario’s Attorney General Doug Downey on August 14, came into effect on Monday. The Canadian Civil Liberties Association (CCLA) and the Criminal Lawyers’ Association (CLA) have jointly filed a constitutional challenge against the new regulations, arguing that mandatory cash bail is unjust.
According to Jessyca Greenwood, Vice President of the CLA, in case of a conflict between federal Criminal Code and provincial laws, the federal legislation takes precedence, granting judges the discretion to impose bail with stringent conditions.
The legal challenge by the CCLA and CLA will be addressed in court next week. Greenwood emphasized that it is deemed unconstitutional to mandate payments as it may prevent individuals without the financial means from being released, leading to unfair outcomes.
Defense attorney Leora Shemesh, representing the woman, stated that her client was released under strict conditions and justified the judge’s decision, emphasizing the presumption of innocence and the entitlement to bail for all Canadians under appropriate circumstances.
Responding to the judge’s ruling, Hannah Jensen, spokesperson for Ontario Premier Doug Ford’s office, asserted that the new rules aim to safeguard the public by preventing swift release of violent offenders post-crime, particularly human traffickers. The changes are intended to enhance the accountability and seriousness of bail conditions to safeguard victims and communities.
Meanwhile, the CCLA and CLA contended in a news release that the new cash bail system infringes upon the Constitution. They argued that criminal procedure falls under federal jurisdiction, and the Criminal Code, a federal law, grants justices the authority to decide on the necessity of a security deposit or cash bail.
The groups emphasized that the province cannot alter federal law or infringe upon the Charter right to reasonable bail. Existing mechanisms allow the province to address breaches of bail conditions through forfeiture of pledged amounts, rendering the enactment of potentially unconstitutional laws as an erratic approach to administering the criminal justice system.