An Ontario Superior Court judge has granted bail to a woman accused of human trafficking without requiring a cash deposit, despite recent provincial regulations mandating full payment within 48 hours. Justice Scott Cowan released the woman in Milton on Wednesday after she and her sureties pledged $11,000 and committed to payment.
Prior to the recent changes to the bail system by the province, individuals accused of a crime and granted bail were obliged to provide a cash security deposit upon release. However, under the new rules announced by Ontario’s Attorney General Doug Downey on Aug. 14 and effective as of Monday, bail recipients must now provide the cash security upfront. Previously, forfeiture of the money was only required if the accused violated their release conditions as determined by the court.
Following the implementation of the new regulations, two legal organizations, the Canadian Civil Liberties Association (CCLA) and the Criminal Lawyers’ Association (CLA), have initiated a constitutional challenge, contending that the imposition of “mandatory cash bail” is unjust. Jessyca Greenwood, vice president of the CLA, pointed out that in cases where federal law and provincial laws clash, precedence is given to federal law. She emphasized that the Criminal Code grants judges the flexibility to grant bail with stringent conditions.
The challenge brought forth by the CCLA and CLA is scheduled for a court hearing next week. Greenwood expressed concerns over the constitutionality of requiring individuals to pay for bail, highlighting the potential unfairness for those lacking the financial means to meet such requirements.
Defence lawyer Leora Shemesh, representing the woman in question, affirmed that her client was released under strict conditions and emphasized her presumption of innocence. Shemesh underscored the importance of upholding bail entitlements for all Canadians, especially in cases where individuals have no prior criminal record.
In response to the judge’s decision, a spokesperson for Ontario Premier Doug Ford’s office, Hannah Jensen, stated that the new rules aim to safeguard the public by preventing violent offenders, including human traffickers, from being released shortly after committing crimes. The changes are intended to make bail more substantial and consequential to enhance victim and community protection.
The CCLA and CLA argued in a news release that the new cash bail system violates the Constitution, asserting that criminal procedure falls within federal jurisdiction as outlined in the Criminal Code. They emphasized that the province lacks the authority to alter federal laws and raised concerns over potential breaches of Charter rights related to bail denial. The organizations criticized the enactment of laws deemed unconstitutional as a flawed approach to administering the criminal justice system.