An Ontario Superior Court judge has approved the release of a woman accused of human trafficking on bail without mandating a cash deposit, defying new provincial regulations that require immediate full payment. Justice Scott Cowan granted the woman release in Milton on Wednesday after she and her sureties committed to a pledge of $11,000 without the need for an upfront cash security deposit.
Recent modifications to the bail system by the province necessitate individuals facing criminal charges and being granted bail to furnish a cash security deposit upon release. Formerly, forfeiting the money was only required if the accused violated their release terms and were directed by the court to make payment.
The alterations, announced by Ontario’s Attorney General Doug Downey on August 14, came into effect this week. Following this, the Canadian Civil Liberties Association (CCLA) and the Criminal Lawyers’ Association (CLA) have lodged a constitutional challenge against the new regulations, asserting that “mandatory cash bail” is unjust.
Jessyca Greenwood, the vice president of the CLA, highlighted that in cases of conflict between federal Criminal Code and provincial laws, federal law takes precedence. She emphasized that the Criminal Code grants judges the authority to provide bail with stringent conditions.
The challenge mounted by the CCLA and CLA is scheduled for a court hearing next week. Greenwood remarked, “We contend that it is unconstitutional to mandate payments because individuals lacking the means to pay will be unfairly detained.”
Defense attorney Leora Shemesh, representing the woman in question, affirmed via email on Friday that her client was released under stringent conditions, emphasizing the presumption of innocence and the entitlement to bail under appropriate circumstances. Shemesh clarified that the release was accompanied by a promise to pay, with potential forfeiture if the bail conditions are breached, a longstanding aspect of the bail system.
In response to the judge’s decision, a statement from Hannah Jensen, spokesperson for Ontario Premier Doug Ford’s office, defended the new rules as essential for public safety, aiming to prevent the rapid release of violent offenders onto the streets following criminal acts. The objective of the changes, according to Jensen, is to make bail more meaningful and consequential in safeguarding victims and communities.
The CCLA and CLA contended in a news release that the newly implemented cash bail system contravenes the Constitution, arguing that criminal procedure falls under federal jurisdiction as outlined in the Criminal Code. They emphasized the discretion granted to justices in deciding whether to order a security deposit or cash bail.
The groups emphasized that the province lacks the authority to alter federal law, stressing the Charter right to reasonable bail. They criticized the enactment of what they perceive as unconstitutional laws, advocating for a more systematic approach to administering the criminal justice system.
