Ontario’s cash bail law creates two tiers of justice. One for those who can afford to pay for release, and another for those who cannot.

The province does not have the power under the Constitution to require cash bail. Criminal procedure is a power of the federal government. The province already has the power to seek the forfeiture of a pledged amount when a bail condition is violated.

CCLA, jointly with the Criminal Lawyers’ Association (CLA), launched a constitutional challenge. The CCLA and CLA obtained an injunction, which means the law is paused until a final ruling in the case.

What Is the Issue?

Bail protects the presumption of innocence. Before evidence is heard, arguments are made, and judgment is passed, bail is all that stands between an innocent person and a prison cell.

Under s. 515 of the federal Criminal Code, a justice decides whether a person can be released while awaiting their day in court. 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, many 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 pay that money if a bail condition is broken and a justice orders it paid.

Before 1972, an accused person or their surety would frequently have to make a cash deposit with the court before they could be released. Landmark reports established this disproportionately affected the poor. People could not obtain bail because they did not have enough money. The federal government amended the Criminal Code with the Bail Reform Act to make a cash deposit the exception, not the rule.

On June 2, 2026, Ontario enacted Bill 75. The bill requires anyone who makes a promise to pay to make a cash deposit with the court within two business days. If they do not, they face a provincial offence. In practice, this means every promise to pay becomes a form of cash bail. The cash bail provisions came into force on August 17, 2026.

Why Does It Matter?

Cash bail creates a two-tiered justice system. Instead of a bail decision being based on attendance in court, the protection or safety of the public, or maintaining confidence in the administration of justice, whether a person or their surety has ready access to cash effectively determines whether they can be released. The province already has the power to seek the forfeiture of a pledged amount when a bail condition is violated.

The law of bail is part of criminal procedure, which is a federal power under the Constitution. The federal Criminal Code sets out the law of bail. Ontario legislating to require cash bail every time a justice orders a promise to pay violates the division of powers in the Constitution.

The cash bail provisions are not restricted to ‘repeat and violent offenders’, which the province has claimed are the target of the law. Ontario jails are also overcrowded and in shockingly poor conditions. As one recent court decision put it, “Despite a multitude of decisions, from every level of Court in Ontario, decrying this abuse of vulnerable inmates, absolutely nothing has been done to alleviate this unjustifiable treatment of people at the mercy of the state.” (R. v. Garlow, 2025 ONCJ 575)

CCLA and CLA Response

The CCLA partnered with the Criminal Lawyers’ Association (CLA) to launch a constitutional challenge before the Ontario Superior Court of Justice. The challenge was filed on the same day that the cash bail provisions of Bill 75 went into effect.

The CCLA and CLA also sought an injunction, which a judge granted on August 31, 2026. An injunction is a temporary pause in the law while a case proceeds. A judge may order an injunction where there is a serious issue to be tried, irreparable harm, and the balance of convenience favours granting the injunction, which includes consideration of the public interest.

The CCLA is grateful to Matthew Gourlay, Stephanie DiGiuseppe, Brandon Chung, and Jacob Roth of Henein Hutchison Robitaille LLP for their excellent pro bono representation in this case.

Timeline

2026

August 31, 2026

Injunction issued by the Court. Cash bail provisions paused until a final ruling on the challenge.

August 27, 2026

Hearing before the Ontario Superior Court of Justice on the full constitutional challenge.

August 17, 2026

Cash bail provisions take effect. CCLA and CLA launch constitutional challenge on the same day.

June 2, 2026

Ontario enacts Bill 75. Cash bail to take effect on a future date.

Materials and Documents

Latest Updates

Cash Bail, Ontario’s Bill 75, and the Court Injunction

Cash Bail, Ontario’s Bill 75, and the Court Injunction

No government should be able to grant itself immunity for intentional wrongdoing. Government accountability and…
September 3, 2026
CCLA and CLA Welcome Injunction Halting Mandatory Cash Bail

CCLA and CLA Welcome Injunction Halting Mandatory Cash Bail

The CLA and CCLA welcome the injunction to the mandatory cash bail provisions ordered today…
August 31, 2026
CCLA and CLA File Constitutional Challenge Against Cash Bail in Ontario

CCLA and CLA File Constitutional Challenge Against Cash Bail in Ontario

The Criminal Lawyers’ Association (“CLA”) and Canadian Civil Liberties Association (“CCLA”) have launched a Constitutional…
August 17, 2026
CLA and CCLA to Challenge Unconstitutional Cash Bail in Ontario

CLA and CCLA to Challenge Unconstitutional Cash Bail in Ontario

The Canadian Civil Liberties Association and Criminal Lawyers’ Association will launch an urgent constitutional challenge…
August 14, 2026
Bail and Bill C-14

Bail and Bill C-14

No government should be able to grant itself immunity for intentional wrongdoing. Government accountability and…
August 12, 2026
CCLA Urges MPs to Adopt Senate Amendments to Bill C-14 on Bail Reform

CCLA Urges MPs to Adopt Senate Amendments to Bill C-14 on Bail Reform

The Canadian Civil Liberties Association urges the House of Commons to adopt the amendments passed…
June 2, 2026
CCLA Remarks On Bill C-14 Restricting Bail

CCLA Remarks On Bill C-14 Restricting Bail

On April 22, 2026, Shakir Rahim, Director of the Criminal Justice Program, testified on Bill…
May 7, 2026
CCLA Calls on Senate to Scrutinize Bill C-14 on Bail Reform

CCLA Calls on Senate to Scrutinize Bill C-14 on Bail Reform

The Senate of Canada will consider Bill C-14, sweeping criminal justice legislation on bail and…
March 9, 2026
CCLA Statement on Ontario Cash Bail Proposal

CCLA Statement on Ontario Cash Bail Proposal

Shakir Rahim, Director of the Criminal Justice Program, said, “The Ontario Government’s proposal to require…
November 24, 2025
Statement on Bill C-14

Statement on Bill C-14

TORONTO - The Canadian Civil Liberties Association strongly opposes the bail and sentencing restrictions contained…
October 23, 2025
Statement on Bail and Sentencing Changes

Statement on Bail and Sentencing Changes

TORONTO - The Canadian Civil Liberties Association strongly opposes the bail and sentencing changes announced…
October 16, 2025
CCLA Appears before House of Commons Standing Committee on Justice and Human Rights on Bail System

CCLA Appears before House of Commons Standing Committee on Justice and Human Rights on Bail System

On October 2, 2025, Shakir Rahim Director of the Criminal Justice Program, testified before the…
October 9, 2025
CCLA Condemns Government of Ontario’s Proposal to Imprison the Innocent

CCLA Condemns Government of Ontario’s Proposal to Imprison the Innocent

TORONTO —  Shakir Rahim, Director of the Criminal Justice Program, made the following statement: Ontario's proposal…
October 28, 2024
CCLA releases major report on bail system in Canada

CCLA releases major report on bail system in Canada

CCLA is releasing its latest report on the bail system in Canada today, Still Failing:…
February 26, 2024
CTV News: More than 80% of inmates in Ontario jails last year were legally innocent, awaiting trial: data

CTV News: More than 80% of inmates in Ontario jails last year were legally innocent, awaiting trial: data

“We at CCLA, like others, we care about public safety,” Rahim said."We just want to…
January 30, 2024
CCLA Commends Senate for Passing Bill C-48 Amendments, Urges House of Commons Support

CCLA Commends Senate for Passing Bill C-48 Amendments, Urges House of Commons Support

TORONTO — Following the Senate’s passage of Bill C-48 on bail reform, Shakir Rahim, Director of the Criminal…
November 29, 2023
CCLA Proposed Amendment to Bill C-48 Adopted by Senate Committee

CCLA Proposed Amendment to Bill C-48 Adopted by Senate Committee

TORONTO — Following the Senate Committee on Legal and Constitutional Affairs’ adoption of amendments to Bill…
October 18, 2023
CCLA Remarks to Senate Committee on Legal and Constitutional Affairs – Bill C-48 (restricting bail)

CCLA Remarks to Senate Committee on Legal and Constitutional Affairs – Bill C-48 (restricting bail)

On October 4, 2023, Shakir Rahim (Director of the Criminal Justice Program) testified before the…
October 6, 2023
CCLA Proposes Key Amendment on Bill C-48

CCLA Proposes Key Amendment on Bill C-48

TORONTO — In advance of his testimony before the Standing Senate Committee on Legal and Constitutional Affairs, Shakir…
October 4, 2023
CCLA Urges Senate to Exercise Sober Second Thought on Bill C-48 Restricting Bail

CCLA Urges Senate to Exercise Sober Second Thought on Bill C-48 Restricting Bail

TORONTO — The Canadian Civil Liberties Association delivered its submission to the Senate Committee on Legal…
September 28, 2023
CCLA Alarmed that House of Commons Will Not Hold Committee Hearings on Bill C-48

CCLA Alarmed that House of Commons Will Not Hold Committee Hearings on Bill C-48

TORONTO — Shakir Rahim, Director of Criminal Justice for the Canadian Civil Liberties Association (CCLA),…
September 19, 2023
Newstalk 1010: Ontario police groups, legal advocates call for different approaches to proposed bail reform

Newstalk 1010: Ontario police groups, legal advocates call for different approaches to proposed bail reform

Shakir Rahim, Criminal Justice Program Director, appeared on Newstalk 1010 to discuss proposed bail reform.
August 1, 2023
The Hill Times: National Police Federation, police chiefs association favour bail reform bill, but advocacy groups wary of bail denial as ‘red herring’

The Hill Times: National Police Federation, police chiefs association favour bail reform bill, but advocacy groups wary of bail denial as ‘red herring’

The Canadian Civil Liberties Association and the John Howard Society are wary of Bill C-48,…
July 24, 2023
Civil Society Groups Demand Bail Reform Changes, Canada an ‘International Embarassment’

Civil Society Groups Demand Bail Reform Changes, Canada an ‘International Embarassment’

OTTAWA — The Canadian Association of Elizabeth Fry Societies (CAEFS), the Canadian Civil Liberties Association…
July 10, 2023
Toronto.com: Fix Canada’s ‘broken’ bail system by giving more people bail, and more supports, some Toronto experts say

Toronto.com: Fix Canada’s ‘broken’ bail system by giving more people bail, and more supports, some Toronto experts say

“The denial of bail should not be seen as the solution to public safety risks”…
June 1, 2023
The Maple: Tightened Bail Restrictions Unlikely To Curb Violent Crime, Experts Warn

The Maple: Tightened Bail Restrictions Unlikely To Curb Violent Crime, Experts Warn

In January, the Canadian Association of Elizabeth Fry Societies (CAEFS) and the Canadian Civil Liberties…
May 25, 2023
The Globe and Mail: The flip side of bail reform in Canada

The Globe and Mail: The flip side of bail reform in Canada

But as we said earlier this week, an equally important issue – one that politicians…
May 23, 2023
CBC: Justice minister says federal government could not go much further on bail reform

CBC: Justice minister says federal government could not go much further on bail reform

The Canadian Civil Liberties Association said, "We believe that every person in Canada deserves to…
May 21, 2023
CP24: CCLA Says Bill C-48 Will Not Make Public Safer

CP24: CCLA Says Bill C-48 Will Not Make Public Safer

Shakir Rahim appeared on CP24 to discuss his concerns with Bill C-48 and how it…
May 17, 2023
Responding to Recent Calls for Bail Reform

Responding to Recent Calls for Bail Reform

How does Canada's bail system operate? Are we doing a good job protecting public safety?…
February 2, 2023
The Globe and Mail: B.C. bail policy change raises Charter concerns

The Globe and Mail: B.C. bail policy change raises Charter concerns

After news of the bill's repeal, Noa Mendelsohn Aviv, the executive director and general counsel…
November 24, 2022
CCLA at the Supreme Court: A Momentous Bail Decision for Automatic Reviews of Detention

CCLA at the Supreme Court: A Momentous Bail Decision for Automatic Reviews of Detention

In R. v. Myers, the Supreme Court was tasked with interpreting a somewhat obscure Criminal…
March 29, 2019
‘This Time We Really Mean It’ Won’t Cut It for Bail Reform

‘This Time We Really Mean It’ Won’t Cut It for Bail Reform

Fixing the broken law of bail cannot happen without some belated action by legislators meeting…
October 29, 2018
Bill C-75: Right Goals, Wrong Tools

Bill C-75: Right Goals, Wrong Tools

Over the next few weeks, witnesses will gather on Parliament Hill in Ottawa to share…
September 25, 2018
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