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.
