Law360 Canada (September 1, 2026, 12:45 PM EDT) -- An Ontario Superior Court judge has put the brakes on the province’s new requirements on cash bail, granting an injunction to keep them from being enforced while a constitutional challenge of the rules plays out.

In a decision issued Aug. 31, Justice William Chalmers wrote that the two plaintiffs in the case — the Canadian Civil Liberties Association (CCLA) and the Criminal Lawyers’ Association (CLA) — had established there may be irreparable harm if the injunction was not granted (Corporation of the Canadian Civil Liberties Association et al. v. Ontario, 2026 ONSC 4980).

“I accept the evidence … that the requirement that sureties pay a cash security deposit … may make it more difficult to identify willing and suitable sureties,” he wrote. “If persons are not prepared to come forward as sureties because of the security deposit requirement, or if there is a delay in release because the accused or surety has to raise the cash security deposit, persons who would otherwise be released will remain in custody, or their release will be delayed.”

Changes to the bail system came into effect on Aug. 17, and among other things require a cash security deposit in the full amount pledged to be paid once an accused person is released into custody, with payment due within two business days of release. Ontario Attorney General Doug Downey said at the time that gaps in the bail system have allowed violent and repeat offenders back into the community “for too long.”

But the CCLA and CLA are jointly arguing the changes are unconstitutional because criminal procedure is a federal power and the Criminal Code says a judge has discretion on whether to order a security deposit — and provinces cannot rewrite federal law. The challenge also says the cash requirements violate the s. 11(e) Charter right to not be denied reasonable bail.

Justice Chalmers ruled there is “no harm” to the province in granting the injunction.

“The bail procedure set out in the Code will continue to apply,” he wrote. “The status quo that has been in place for over 50 years will be maintained for the limited period before my ruling on the constitutionality of the legislation.”

The CCLA and the CLA said in a statement they welcomed the ruling.

“Until a final judgment is rendered in this case, the cash bail provisions will not be in effect,” the statement said.

Downey’s press secretary Julia Facca said in an email that the province “will never apologize for the actions we are taking to strengthen the bail system.”

“We are using every tool available to make bail more consequential to protect victims and communities,” she said. “As this matter is before the court, we have no further comment.”

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