Two legal organizations argue Ontario’s new rules requiring a cash deposit for bail encroach on federal jurisdiction and will make it harder for people to be released as they await trial.
The Canadian Civil Liberties Association and the Criminal Lawyers’ Association are challenging the constitutionality of Ontario’s new cash bail system in court Thursday.
The new rules, which took effect earlier this month, require people accused of a crime and granted bail to provide a cash security deposit within two days of their release.
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Previously, they only had to forfeit the money if release conditions were breached and the court ordered payment.
The organizations leading the court challenge argue the change contradicts the Criminal Code, which they say explicitly directs courts to favour a promise to pay over a cash payment.
They argue the switch to a cash deposit will deter people from acting as sureties and effectively keep more people accused of a crime behind bars, particularly those with low or fixed incomes.
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The two associations are asking the court to scrap the rules as unconstitutional and put them on hold while the case is decided.
Ontario Superior Court Justice William Chalmers, who is hearing the case, raised the possibility that the new rules may have unintended consequences, such as leading justices of the peace to release people without a monetary pledge.
Vinny
Speaking plainly
These are Provincial courts. Not all issues will be governed by Federal regulations. Those that are will likely be challenged in court.
We get it, you hate Doug Ford and feel that criminals have more rights than their victims. Keep voting Liberal!
This is not a provincial jurisdiction. Speaking plainly
Why call them “legal” groups – they are special interest groups – plain speaking – advocating for criminals & accused – not for victim & public safety.
That is the job of public elected representatives and it is time to courts remember it and prioritize those considerations.
Get a job Vinny!
He needs to stay in his lane and stop acting like a king
If rhey really cared about the integrity of the system they would be challenging the jusges who made this necessary not the the response