An Ontario Superior Court judge has granted bail to a woman accused of human trafficking without requiring a cash deposit, in spite of recent provincial regulations mandating full payment within 48 hours. Justice Scott Cowan released the woman in Milton on Wednesday after she and her sureties pledged $11,000 and committed to payment.
The province recently implemented changes to the bail system, necessitating individuals granted bail to provide a cash security deposit upon release. Previously, forfeiture of the money was only required if the accused violated their release conditions and the court ordered payment.
Ontario’s Attorney General Doug Downey announced these changes on August 14, which came into effect on Monday. However, the Canadian Civil Liberties Association (CCLA) and the Criminal Lawyers’ Association (CLA) have challenged these new rules, arguing that mandatory cash bail is unjust.
Jessyca Greenwood, the vice president of the CLA, emphasized that federal law supersedes provincial laws in cases of conflict. The challenge by the CCLA and CLA is scheduled to be heard in court next week.
Defence lawyer Leora Shemesh, representing the woman in the case, stated that her client was released under strict conditions and emphasized her presumption of innocence. Shemesh explained that the client has no prior criminal record and was granted bail with a promise to pay, with the possibility of the government seizing the funds if bail conditions are breached.
In response to the judge’s decision, Hannah Jensen, spokesperson for Ontario Premier Doug Ford’s office, asserted that the new rules aim to safeguard the public by preventing violent offenders, including human traffickers, from being released quickly after committing a crime.
The CCLA and CLA contended that the new cash bail system breaches the Constitution, as criminal procedure falls under federal jurisdiction, and the Criminal Code grants judges discretion on ordering security deposits or cash bail.
The groups highlighted that the province cannot alter federal law and must respect individuals’ Charter rights, including the right to reasonable bail. They argued that the province already possesses mechanisms to address bail violations without enacting unconstitutional laws that impact the criminal justice system.