On April 15, Cassandra Richards, Co-chair of the Criminal Lawyers’ Association Legislation (CLA) Committee, appeared before the Legislative Assembly of Ontario Standing Committee on Justice Police regarding Bill 75, Keeping Criminals Behind Bars Act
On April 15, Cassandra Richards, Co-chair of the Criminal Lawyers’ Association Legislation (CLA) Committee, appeared before the Legislative Assembly of Ontario Standing Committee on Justice Police regarding Bill 75, Keeping Criminals Behind Bars Act on behalf of the CLA.
Our submissions focused on a central feature of the bill: the proposed cash bail provision. This would require an accused or surety to deposit a cash bail or risk being charged with a provincial offence.
We highlighted three key concerns:
First, the provision is unconstitutional. It encroaches on the federal government’s exclusive jurisdiction over criminal law. While provinces administer justice, they cannot change the substance or procedure of bail. By effectively mandating upfront cash deposits and limiting judicial discretion, this proposal crosses that constitutional boundary.
Second, the provision is unnecessary. Justices of the peace already have the discretion to require cash bail where appropriate under the Criminal Code. In addition, existing enforcement tools—such as forfeiture under section 770—already provide strong incentives for compliance. This amendment does not fill a gap in the law.
Third, the provision risks deepening inequities. Requiring upfront cash risks creating a two-tiered system of justice, where access to release depends on financial means. The impact would fall disproportionately on working-class and marginalized individuals, increasing pre-trial detention for those who have not yet had the opportunity to defend themselves.
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