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Ontario's New Cash Bail System on Hold After Judge Grants Injunction
Justice William Chalmers said the rules could delay release for accused people and create greater harm before a constitutional challenge is heard.
On Monday, Ontario Superior Court Justice William Chalmers issued an injunction temporarily suspending the Ford government's new cash bail system while he weighs a constitutional challenge to the rules.
The Canadian Civil Liberties Association and the Criminal Lawyers' Association challenged rules taking effect earlier this month that require accused individuals to provide cash security deposits within two days of release.
Lawyers argued the province lacks power under the Constitution to remove judicial discretion or violate the Charter's s. 11 right to reasonable bail, claiming the rules encroach on federal jurisdiction.
Justice Chalmers wrote that the rules could cause irreparable harm, noting "the status quo that has been in place for over 50 years will be maintained." The province claims the changes are administrative.
The injunction remains in place until a final ruling on the legislation's constitutionality is released. The province did not immediately respond to requests for comment regarding the ongoing case.