Ontario will require people who are granted bail on criminal charges to put up a “cash security deposit” as of Monday.
The change was included in legislation that was adopted in June, though the province had not previously indicated when it would take effect.
It is a departure from the previous system where money was not required to change hands unless it was forfeited following the breach of conditions.
Under that system, those accused of a crime or their surety only had to promise to pay the court a set amount in the event that certain conditions were breached.
“For too long, gaps in the bail system have allowed violent and repeat offenders back into our communities,” Attorney General Doug Downey said in a news release. “Enough is enough. People deserve to feel safe in their neighbourhoods and confident that those who pose a serious risk will not be released only to reoffend.”
The Ontario government says that the cash deposit in the full amount will be required within two business days of an accused person being released from custody.
The government says that its a needed change from a prior system that “created unnecessary barriers to enforcing bail orders and recovering forfeited bail money, requiring significant time and resources to pursue outstanding debts.”
But in a statement released on Friday, the Canadian Civil Liberties Association and Criminal Lawyers’ Association warned that “cash bail creates two tiers of justice: one for the rich, and the other for the rest of us.”
The groups say that they plan to launch an urgent constitutional challenge next week against the legislation, which it called “unjust and unconstitutional.”
“As the CLA and CCLA will argue, mandatory cash bail under Bill 75 clearly violates the constitution,” the statement notes. “Criminal procedure is a federal power under the constitution. The federal Criminal Code sets out that a justice has discretion on whether to order a security deposit (‘cash bail’). The province cannot rewrite federal law. Neither can the province violate the s. 11(e) Charter right to not be denied reasonable bail.”
The government says that as part of the legislation it will also “enhance collection tools for bail debts such as wage and bank account garnishment, property liens, and the seizure and sale of property.”