The CLA before the Legislative Assembly of Ontario Standing Committee on Justice Police regarding Bill 75, the ‘Keeping Criminals Behind Bars Act’
On April 15, the Co-chair of the CLA’s Legislation Committee Cassandra Richards appeared before the Legislative Assembly of Ontario Standing Committee on Justice Police to voice members’ concerns about Bill 75, the Keeping Criminals Behind Bars Act on behalf of the CLA.
CLA submissions focused on the proposed cash bail provision, which would require an accused or surety to deposit a cash bail or risk being charged with a provincial offence.
We highlighted three key concerns:
- The provision is unconstitutional as it encroaches on the federal government’s exclusive jurisdiction over criminal law. Provinces may not change the substance or procedure of bail. By mandating upfront cash deposits and limiting judicial discretion, this proposal crosses that constitutional boundary.
- The provision is unnecessary because 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.
- The provision risks deepening inequities. Requiring cash upfront would lead to a two-tiered system of justice where access to release depends on financial means. The impact would disproportionately disadvantage the working poor and marginalized individuals, increasing pre-trial detention for those who have not yet had the opportunity to defend themselves.