The decision of an Ontario Superior Court judge to grant bail to a woman accused of human trafficking without requiring a cash deposit has raised eyebrows, given the recent provincial mandate for immediate full payment within 48 hours. Justice Scott Cowan released the woman in Milton on Wednesday, with her and her sureties offering a combined $11,000 and a commitment to payment.
Previously, individuals granted bail only had to forfeit the money if they violated their release terms and the court demanded payment. The recent changes by the province, effective this week, now dictate that those accused of a crime and granted bail must provide a cash security deposit upon release.
In response to the new rules, the Canadian Civil Liberties Association (CCLA) and the Criminal Lawyers’ Association (CLA) have initiated a constitutional challenge, contending that mandatory cash bail is unfair. Jessyca Greenwood, vice president of the CLA, emphasized that federal law should take precedence over provincial statutes, citing the discretion granted to judges under the Criminal Code to impose stringent bail conditions.
The legal challenge by the CCLA and CLA is set to be heard in court soon. Defence lawyer Leora Shemesh, representing the woman in question, affirmed that her client was released under strict conditions and maintained innocence of all charges. Shemesh highlighted the long-standing practice within the bail system of potential forfeiture if bail conditions are breached.
Ontario Premier Doug Ford’s office defended the new rules, emphasizing the need to safeguard the public from violent offenders and human traffickers. The changes aim to make bail more substantial and consequential, providing the justice system with enhanced tools to protect victims and communities.
Conversely, the CCLA and CLA argue that the new cash bail system infringes upon constitutional rights, asserting that criminal procedure falls under federal jurisdiction, as outlined in the Criminal Code. They maintain that the province cannot override federal law and stress the importance of upholding the Charter right to reasonable bail.
The ongoing debate surrounding the legality and implications of the updated bail regulations underscores the complexities inherent in balancing public safety with individual rights within the criminal justice system.
