Ontario to become 'cash bail' province starting Monday, critics say it will create a two-tier justice system - Toronto Star
Starting Monday, a person accused of crime or surety will be required within two business days of release to post cash bail, Ontario's Attorney General announced Friday.
Ontario Attorney General Doug Downey announced details of Ontario’s new “cash bail” system on Friday.
A major change to Ontario’s bail system begins Monday: accused people who are required to pledge money as part of their release will now have to pay up front.
But the Canadian Civil Liberties Association (CCLA) and Criminal Lawyers’ Association are vowing to overturn it on constitutional grounds, arguing it creates a two-tier justice system targeting lower income Ontarians.
On Friday, Attorney General Doug Downey announced that starting Aug. 17, anyone who pledges money as part of a release order — whether an accused person or a surety — will be required to provide the full amount as a “cash security deposit.” The payment must be made at a criminal courthouse, in cash, by bank draft, or by money order within two business days of the accused’s release from custody.
If the accused follows the terms of their release, the deposit is eventually returned as long as it is not ordered forfeited, according to a “bail reform implementation” document sent to justice participant stakeholders. If bail conditions aren’t met and a court issues a certificate of default, the deposit is held and automatically recovered upon being ordered forfeited by the court.
While an accused person will not be detained pending payment or if they fail to pay on time, those who fail to pony up the cash will be prosecuted under the Provincial Offences Act and are punishable upon conviction by a fine up to $5,000.
Confidence in the justice system depends not only on courts imposing bail conditions, but on “meaningful consequences” when they are breached, Downey told a news conference at a community centre in Vaughan.
Currently, if the court orders someone released with a promise to pay, no cash deposit is required. This means the accused person or surety — often a relative or friend — only forfeits the money if the accused breaches the conditions of release and the court orders payment.
Shakir Rahim, CCLA’s director of criminal justice, predicted Friday that the new system will cause an “extraordinary disruption” to Ontario’s criminal justice system.
“The province has introduced the new cash bail regulation with minimal notice and no meaningful consultation. There will be confusion for accused persons, counsel and the courts. This is a haphazard way to administer the justice system.”
Adam Weisberg, president of the Criminal Lawyers’ Association, wrote in an email to the Star on Friday that because the province does not have the power to implement an actual cash bail system, it is trying to implement one “through the back door” by creating new provincial offences for failing to deposit cash after an accused is released.
This legislation could have a chilling effect on financially insecure family members willing to come forward as sureties, he wrote in an email.
“Sadly, this cash bail system won’t improve public safety because it will only affect people that have already been deemed safe to be released.”
The defence lawyer said the measure will also be costly to taxpayers who will have to pay for the enforcement and prosecution of these new offences, as well as the cost of keeping releasable people in custody if sureties don’t come forward with the money.
Betsy Powell is a Toronto-based reporter covering crime and courts for the Star. Follow her on Twitter: @powellbetsy.
