The Ontario government is introducing significant changes to the province's bail system that would require accused individuals to provide cash security deposits at the time of their release, rather than paying later if they violate conditions.
Major Shift in Bail Payment Process
Attorney General Doug Downey announced the proposed legislation on Monday, emphasizing that the measure aims to create a more consequential bail system that better protects public safety. Under the current system, individuals granted bail with a promise to pay only forfeit money if they breach release conditions and a court orders payment.
The new approach would require payment when the accused person is released from custody, with the deposit being returned at the conclusion of their case. Downey stated that he believes this change, along with other measures, will improve bail compliance rates across the province.
Mixed Reactions from Stakeholders
The proposed reform has sparked immediate concern from civil liberties organizations. The Canadian Civil Liberties Association warned that the policy would create two tiers of justice based on wealth, potentially keeping innocent but low-income individuals in jail for years while awaiting trial.
Shakir Rahim, director of the CCLA's criminal justice program, emphasized that "innocent, but can't afford to pay to be released? You are stuck in jail for years until you can clear your name in court, even if you would have complied with all your bail conditions."
Green Party Leader Mike Schreiner echoed these concerns, noting that the proposal would disproportionately affect low-income Ontarians and exacerbate jail overcrowding. "Eighty per cent of the people in Ontario jails are just awaiting trial," Schreiner noted, "and now they're going to make it worse."
Government Defense and Additional Measures
In response to criticism, Downey maintained that the proposal would not disadvantage low-income residents, stating that "the adjudicative process, the judges and the justices of the peace, it's not changing how they operate at all."
The Attorney General was joined by Solicitor General Michael Kerzner and Toronto Police Chief Myron Demkiw at the announcement. Kerzner revealed that the province plans to open 1,000 new jail beds to address capacity concerns.
The justice bill, scheduled for tabling on Tuesday, forms part of broader efforts to strengthen Ontario's bail system. Additional non-legislative measures include:
- Enhanced digital tools to track repeat offenders
- Expansion of bail prosecution teams
- Improved coordination between justice agencies
Chief Demkiw supported the reforms, noting that while most crime rates are declining, "there is a rising number of young people involved in gun crimes, so now is not the time to slow down" on justice reforms.
The Ontario government had previously joined other provinces in pushing for federal bail reform, and Downey acknowledged that recent legislation introduced by Prime Minister Mark Carney's government represents a good first step, though more work remains.
