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An Ontario court has temporarily suspended new provincial bail rules introduced by the Ford government, after a judge ruled there are legitimate constitutional questions that require a full hearing before the policy can take effect.
New Bail Deposit Rules Challenged in Court
The new rules, which came into force earlier this month, require anyone accused of a crime and granted bail to provide a cash security deposit within two days of their release. Previously, accused individuals only had to pay if they breached their release conditions and a court ordered forfeiture.
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The Canadian Civil Liberties Association and the Criminal Lawyers’ Association jointly challenged the rules in court. Both organizations argued the Ontario government overstepped its authority by encroaching on federal jurisdiction and that the policy would make it significantly harder for accused persons to secure release while awaiting trial.
Judge Finds Risk of Irreparable Harm
On Monday, an Ontario judge issued a seven-page decision granting an injunction to pause the bail payment rules. The ruling suspends the requirements until the court can fully consider the broader constitutional challenge.
“I am satisfied that the Applicants have established that irreparable harm may result if the injunction is not granted,” the judge wrote in the decision. The court agreed the matter raised serious constitutional questions that warranted a temporary pause.
The two legal organizations had appeared in court Thursday, asking the judge both to strike down the rules as unconstitutional and to suspend them in the interim pending a final ruling. The Monday decision granted the latter request.
Constitutional Rights at the Centre of the Dispute
In a joint statement, the Canadian Civil Liberties Association and the Criminal Lawyers’ Association welcomed the court’s decision. The groups argued the province lacks the constitutional authority to strip judges of their discretion in setting bail terms.
“Our organizations argued that the province does not have the power under the Constitution to remove judicial discretion to decide the terms of bail or to violate the s. 11(e) Charter right to reasonable bail,” their statement read. Section 11(e) of the Canadian Charter of Rights and Freedoms guarantees the right not to be denied reasonable bail without just cause.
Ontario’s attorney general had not responded to a request for comment at the time of publication. The constitutional challenge will proceed to a full hearing, where a court will determine whether the Ford government’s bail deposit rules can stand.
