09/03/2026
Two weeks ago Ontario changed how bail money works. A court has now pressed pause.
The new rules required anyone released on a promise to pay — or their surety — to deposit the full amount in cash within two business days of release. Not paying was a provincial offence.
Two legal organizations challenged the scheme, and on the last day of August a judge suspended it until the constitutional question is decided.
The evidence that mattered came from an experienced defence lawyer: almost every surety release includes a promise to pay, and requiring cash within two days makes it much harder to find willing sureties. The court accepted that if sureties won't come forward, or release waits while a family raises cash, people who are presumed innocent sit in jail. Liberty lost is never regained.
So as of now, no cash deposit requirement is in operation in Ontario. Bail works the way it has for fifty years: a promise to pay, favoured by law over a cash deposit, and cash only in exceptional circumstances with an inquiry into what a family can actually pay.
The final ruling is still to come, and this could change again. New article on the blog explains where things stand and what to raise at a bail hearing.
https://amehdilaw.com/ontario-changed-how-bail-money-works-a-court-just-pressed-pause/