Manitoba lawyers raise concerns with Ontario’s proposed cash security deposit for bail

CTV’s Harrison Shin looks at a proposed bail reform plan in Ontario, and if Manitoba lawyers think it will be beneficial.

As governments grapple for new ways to deal with bail reform across the country, Ontario is tabling a bill which would require defendants to pay their bail up front in cash - and some Manitoba lawyers are raising concerns.

The Attorney General of Ontario said a bill will be tabled Tuesday that will change the way defendants accessing bail. Instead of paying after the conditions are breached, the new bill will require the defendants to pay the sum up front as a “cash security deposit.”

Chris Gamby, director of communication for the Criminal Defence Lawyers Association of Manitoba said in his view, this bill, “treats people maybe unevenly.”

“Are we suggesting that someone who can afford to pay this is more likely to be compliant with bail than someone who cannot afford to pay it? And if they can’t afford to pay, do they then get essentially denied release,” he said.

Legal Aid Manitoba Executive Director Peter Kingsley reminded the principle of innocent until proven guilty in the eyes of the law.

“They are not guilty until they are proven by a judge to be guilty,” he said. “So, they will be sitting in custody. The province will be paying for that, the taxpayers will be paying for that.”

Both Gamby and Kingsley said the bill may tread the unconstitutional tides. They cited a case from the Supreme court of Canada in 2017, which stated that cash bail should be relied on “only in exceptional circumstances in which release on a recognizance with sureties is unavailable.”

The case continued by saying that even when the cash bail is used, the justice or judge should ask the defendant about one’s ability to pay and the amount should not be “beyond the readily available means of the accused and his or her sureties.”

CTV News asked Manitoba’s Justice Minister Matt Wiebe if this is something the province would consider. Wiebe said it is too early to comment without knowing the specifics, but he did not shut down the idea.

“We’re willing to take good ideas where they exist, but our focus is always on Manitoba and what’s best, and what’s right for Manitobans,” he said on Monday.