An Ontario Superior Court judge has granted bail to a woman charged with human trafficking without requiring a cash deposit, defying recent provincial regulations mandating immediate full payment. Justice Scott Cowan allowed the woman’s release in Milton on Wednesday upon her and her sureties’ commitment of $11,000 and a promise to pay.
The recent changes to the bail system in Ontario now demand a cash security deposit from individuals accused of a crime and granted bail upon release. Previously, the accused or their sureties would only forfeit the money if the release conditions were breached and the court ordered payment.
Ontario’s Attorney General Doug Downey announced the changes on August 14, which became effective on Monday. However, the Canadian Civil Liberties Association (CCLA) and the Criminal Lawyers’ Association (CLA) have challenged the new rules, arguing that mandatory cash bail is unjust.
Jessyca Greenwood, the vice president of CLA, stated that federal law takes precedence in cases of conflict with provincial laws. She emphasized that the Criminal Code grants judges the discretion to impose strict bail conditions.
The constitutional challenge by CCLA and CLA is scheduled to be heard in court next week. Greenwood expressed concerns over the requirement for individuals to pay for bail, highlighting the potential unfairness for those who lack the means to do so.
Defense lawyer Leora Shemesh, representing the woman in question, affirmed that her client was released under strict conditions, emphasizing her presumption of innocence. Shemesh noted that the client has no criminal record and was offered a restrictive release plan in line with the principles of justice.
In response to the judge’s decision, a spokesperson for Ontario Premier Doug Ford’s office, Hannah Jensen, defended the new rules as necessary for public safety. The aim is to ensure that violent offenders, including human traffickers, are not released shortly after committing a crime.
The CCLA and CLA argued in a statement that the new cash bail system infringes on the Constitution, asserting that criminal procedure falls under federal jurisdiction. They highlighted that the Criminal Code gives justices the discretion to determine the need for a security deposit or cash bail.
The groups emphasized that the province cannot override federal law and warned against enacting unconstitutional legislation that could disrupt the criminal justice system.
