Ontario launching cash bail system Monday

17-Aug-2026

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Ontario is making a big change to its bail system starting August 17, but two groups are planning a legal challenge, saying requiring a cash security deposit up front as part of bail upon release from custody is unconstitutional.

The Canadian Civil Liberties Association (CCLA) and Criminal Lawyers’ Association (CLA) said in a news release on August 14 that the introduction of "mandatory cash bail" is unjust. They said they would file a constitutional challenge next week.

"Cash bail creates two tiers of justice: one for the rich, and the other for the rest of us. Innocent, but cannot afford to pay? You face penalties, or may not be released if a surety is unwilling to step forward," the associations said in the release.

"Mandatory cash bail applies to people presumed innocent. It applies to first-time accused persons and non-violent allegations. And will increase the population of overcrowded Ontario prisons with inhumane conditions."