The Canadian Civil Liberties Association and the Criminal Lawyers' Association are challenging the constitutionality of a new cash bail system in Ontario.
New rules first announced last fall by Premier Doug Ford's government that take effect this week require people accused of a crime and granted bail to provide a cash security deposit upon release.
Previously, they or their sureties only had to forfeit the money if the accused breaches their release conditions and the court orders payment.
The two legal organizations filed a court challenge against the law on Monday, arguing that people accused of a crime who can't afford to pay a security deposit will be more likely to be left in jail, even though they are at that point presumed innocent.
They argue that the law violates the Constitution because it encroaches on federal jurisdiction as it deals with criminal procedure, and that it violates a section of the Charter ensuring a right to not be denied reasonable bail without just cause.
Attorney General Doug Downey has previously said he believes the measure and others announced by the government would improve bail compliance.
This report by The Canadian Press was first published Aug. 17, 2026.
