An Ontario judge has granted an injunction to pause new bail requirements moved forward by the Ford government, agreeing with legal groups that there are constitutional questions to be tested through a full hearing.
The Canadian Civil Liberties Association and the Criminal Lawyers’ Association argued 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 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 two groups were in court Thursday asking the court to scrap the rules as unconstitutional and, in the interim, pause them until a final ruling is rendered.
On Monday, an Ontario judge issued a seven-page decision pausing the new bail rules until the broader constitutional challenge can be considered.
“I am satisfied that the Applicants have established that irreparable harm may result if the injunction is not granted,” part of the ruling read, ordering the new rules to be temporarily suspended.
The Canadian Civil Liberties Association and the Criminal Lawyers’ Association welcomed the ruling in a joint statement.
“Our organizations argued that the province does not have the power under the Constitution to remove judicial discretion to decide the terms of bail or to violate the s. 11(e) Charter right to reasonable bail,” their statement read.
Ontario’s attorney general did not immediately respond to a request for comment.
— with files from The Canadian Press
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