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Allison JonesTORONTO — Ontario Premier Doug Ford's government is poised to introduce legislation that would require people accused of a crime and released on bail to pay cash bail up front rather than pay later if they breach bail conditions.
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Attorney General Doug Downey said he believes the measure and others announced Monday will improve enforcement of bail conditions. “I have heard directly from crime victims, families, police officers and community leaders who are calling for a bail system that is real, meaningful and protects the public,” he said at a news conference.
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“We need a stronger bail system that puts the safety of innocent people first and keeps dangerous offenders out of custody again and again.” Ontario and other provinces have been pushing the federal government to implement bail reform. Downey said the legislation recently introduced by Prime Minister Mark Carney's government is a good first start, but more needs to be done. Currently, if people are ordered released on bail with a promise to pay, the accused and his/her surety will only have to forfeit the money if the accused breaches the conditions of release and the court orders payment. Under the proposed new system, payment would be made when the accused is released from custody and would be returned at the conclusion of his case.
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The Canadian Civil Liberties Association said the proposal would create two tiers of justice based on wealth. “Innocent but can't afford to pay for your release? You're stuck in prison for years until you can clear your name in court, even if you met all bail conditions,” Shakir Rahim, director of CCLA's criminal justice program, wrote in a statement. “This proposal appears to apply to everyone, including first-time offenders and those with no criminal record.” This proposal will not skew the system against low-income Ontarians. “The court process, judges and (magistrates) don't change at all how they work or what the measures are,” he said. “If a guarantor is said to have increased his obligation by something, then the collateral will mean something.”
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Green Party Leader Mike Schreiner said the proposal would disproportionately affect low-income Ontarians and result in more people ending up in prison. “We already have overcrowded prisons,” he said. “Eighty percent of people in Ontario prisons are just waiting (for trial), and now they're going to make it worse. Where are they going to put people?” The two ministers held a news conference alongside Toronto Police Chief Myron Demkiw, who said that while most types of crime are falling, the number of young people involved in gun crime is rising, so “now is not the time to slow down.”
