Ontario’s new bail reforms require cash security within two days, disproportionately harming the poor, especially in Northern Ontario where poverty and limited legal resources strain an already overcrowded jail system.
ONTARIO—In Northern Ontario communities separated by hundreds of kilometres of highway, in courtrooms reached by plane, in jails already struggling with capacity and in homes where there may be no spare bedroom, no savings account and no person with enough financial security to stand as a surety, Ontario’s new bail reforms arrive with a deceptively simple proposition: if a person accused of a crime is granted bail, a cash security deposit must now be paid within two business days.
The money is refundable if the accused follows the conditions of release and the case concludes without forfeiture. But if the money is not paid, the consequences can extend beyond continued detention, with the province now empowered to pursue unpaid bail debts through measures including wage garnishment, property liens and the seizure and sale of property.
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