08/16/2026
🚨 MANDATORY CASH BAIL IS COMING TO ONTARIO AND A CONSTITUTIONAL CHALLENGE IS COMING WITH IT. ⚖️🇨🇦
The Canadian Civil Liberties Association (CCLA) and the Criminal Lawyers’ Association (CLA) are launching an urgent constitutional challenge to Ontario’s introduction of mandatory cash bail which takes effect August 17, 2026.
💰 Cash bail creates two tiers of justice:
One for those who can afford to pay, and another for everyone else.
What happens when an accused person is presumed innocent, but cannot afford the required cash?
👉 They may face penalties simply because they cannot pay.
👉 They may be unable to secure release because a surety cannot step up.
👉 And, overcrowded Ontario jails could become even more crowded.
⚠️ And this isn't limited to violent or repeat offenders.
Mandatory cash bail can affect first-time accused persons and people facing non-violent allegations — people who are presumed innocent and have not been convicted of anything.
The CLA and CCLA argue that mandatory cash bail is unconstitutional because:
📜 Criminal procedure is a matter of federal jurisdiction under the Constitution.
⚖️ The federal Criminal Code gives a justice discretion when deciding whether to require a security deposit.
🏛️ The province cannot simply rewrite federal criminal law.
🇨🇦 And importantly, section 11(e) of the Canadian Charter of Rights and Freedoms protects the right not to be denied reasonable bail without just cause.
Ontario already has mechanisms to address breaches of bail conditions, including seeking forfeiture of amounts pledged when conditions are violated.
So the question is:
Should access to liberty before trial depend on whether someone has enough money to pay? 💵⚖️
The accused is presumed innocent.
Justice should not come with a price tag.
🔴 Mandatory cash bail is unjust and the CCLA and CLA will argue that it is unconstitutional.
The Canadian Civil Liberties Association and Criminal Lawyers’ Association will launch an urgent constitutional challenge next week against the introduction of mandatory cash bail by the province on August 17. Cash bail creates two tiers of justice: one for the rich, and the other for the rest of ...