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Canadian rights groups on Monday filed an urgent challenge to the constitutionality of Ontario’s mandatory cash bail policy. The challenge argued that the provincial policy violates the Charter rights to the presumption of innocence and to reasonable bail, as well as the rules of Canadian federalism.
The Criminal Lawyers’ Association and the Canadian Civil Liberties Association (CCLA) filed the challenge before the Superior Court of Justice in Ontario on Monday. They argued that the policy departs from the country’s principle of criminal justice that pre-trial detention is the exception unless it is necessary to mitigate the risk of flight, protect public safety, or maintain confidence in the administration of justice.
The challenge also argued that criminal law and the bail system are within the exclusive jurisdiction of the federal government; Ontario overstepped when enacting the provincial bail guidelines. Alternatively, the doctrine of paramountcy provides that the provincial mandatory cash bail policy is inoperative to the extent it conflicts with the federal bail guidelines, as the groups argued.
Section 11 of the Canadian Charter of Rights and Freedoms protects the right to the presumption of innocence and reasonable bail of any person facing a criminal charge. In 2020, the Supreme Court of Canada unanimously held that the default form of bail for most crimes is release on an undertaking to attend trial without any other conditions. In other words, bail conditions must be minimal, necessary, and the least onerous.
Ontario’s mandatory cash bail policy came into effect on August 17. An accused must pay the cash security deposit within two business days of release. It also requires sureties to update their contact and identification information. In addition, it allows new means to collect bail debt, such as wage and bank garnishment. The provincial Attorney General Doug Downey said the policy purports to impose harsher conditions on violent and repeat offenders to obtain bail.
In June, Parliament imposed more stringent bail conditions and harsher sentencing guidelines on violent crimes. The new law places the legal burden on the accused, who faces a charge of violent crime, to persuade the court that their release will not be detrimental to public safety. At the time, the group raised concerns about terrible pre-trial conditions and the risk of wrongful convictions due to false guilty pleas.
A 2024 report by the CCLA highlighted the exceptional difficulty of securing bail for people who do not have resources, stable housing, or social supports. The report also emphasized the overrepresentation of the BIPOC community in the criminal justice system, facing a higher rate of detention and more onerous bail conditions.
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The Criminal Lawyers’ Association and the Canadian Civil Liberties Association (CCLA) filed the challenge before the Superior Court of Justice in Ontario on Monday. They argued that the policy departs from the country’s principle of criminal justice that pre-trial detention is the exception unless it is necessary to mitigate the risk of flight, protect public safety, or maintain confidence in the administration of justice.
The challenge also argued that criminal law and the bail system are within the exclusive jurisdiction of the federal government; Ontario overstepped when enacting the provincial bail guidelines. Alternatively, the doctrine of paramountcy provides that the provincial mandatory cash bail policy is inoperative to the extent it conflicts with the federal bail guidelines, as the groups argued.
Section 11 of the Canadian Charter of Rights and Freedoms protects the right to the presumption of innocence and reasonable bail of any person facing a criminal charge. In 2020, the Supreme Court of Canada unanimously held that the default form of bail for most crimes is release on an undertaking to attend trial without any other conditions. In other words, bail conditions must be minimal, necessary, and the least onerous.
Ontario’s mandatory cash bail policy came into effect on August 17. An accused must pay the cash security deposit within two business days of release. It also requires sureties to update their contact and identification information. In addition, it allows new means to collect bail debt, such as wage and bank garnishment. The provincial Attorney General Doug Downey said the policy purports to impose harsher conditions on violent and repeat offenders to obtain bail.
In June, Parliament imposed more stringent bail conditions and harsher sentencing guidelines on violent crimes. The new law places the legal burden on the accused, who faces a charge of violent crime, to persuade the court that their release will not be detrimental to public safety. At the time, the group raised concerns about terrible pre-trial conditions and the risk of wrongful convictions due to false guilty pleas.
A 2024 report by the CCLA highlighted the exceptional difficulty of securing bail for people who do not have resources, stable housing, or social supports. The report also emphasized the overrepresentation of the BIPOC community in the criminal justice system, facing a higher rate of detention and more onerous bail conditions.
The post Canada Ontario’s mandatory cash bail policy faces constitutional challenge appeared first on JURIST - News.
Continue reading...
Note: We don't have any responsibilities about this news. Its been posted here by Feed Reader and we had no controls and checking on it. And because News posted here will be deleted automatically after 21 days, threads are closed so that no one spend time to post and discuss here. You can always check the source and discuss in their site.