Presumption of Innocence Protected: Cash Bail, Ontario’s Bill 75, and the Court Injunction
What just happened?
The Ontario Superior Court of Justice has temporarily stopped the mandatory cash bail rules in Ontario’s Bill 75. This pause, called an injunction, was granted after the Canadian Civil Liberties Association (CCLA) and the Criminal Lawyers’ Association (CLA) jointly challenged the law.
For now, the new cash bail rules will not apply in Ontario. They are on hold until the judge issues a final decision.
How bail normally works in Canada
Under the federal Criminal Code, a justice decides whether a person can be released while awaiting trial. Because people are presumed innocent, bail is meant to allow release unless detention is truly necessary to ensure the accused attends court, for the protection or safety of the public, or to maintain confidence in the administration of justice.
In Ontario, most people are released on a promise to pay. This means:
- The accused, or a surety (someone supervising them), pledges an amount of money.
- They only have to pay that money if a bail condition is broken and a justice orders it paid.
What Ontario’s Bill 75 would do
Bill 75 would require anyone released on a promise to pay—or their surety—to deposit money with the court within 48 hours. If they do not, they would face a provincial offence.
In practice, this means every promise to pay becomes a form of cash bail, dramatically expanding the use of upfront payments.
Why the CCLA challenged Bill 75
The constitutional challenge argued that:
- Ontario cannot impose mandatory cash bail because bail is a matter of criminal procedure that falls under federal jurisdiction.
- Mandatory cash bail conflicts with the Criminal Code, which treats cash bail as exceptional.
- Bill 75 violates section 11(e) of the Charter, which protects the right not to be denied reasonable bail.
What the injunction means going forward
The mandatory cash bail provisions in Bill 75 are paused. The court will continue to consider the full arguments and evidence before making a final ruling. Until then, the usual bail rules outlined in the Criminal Code remain in place, protecting fairness, accessibility, and the presumption of innocence.
