The Society of United Professionals strongly opposes the Ford government’s amendments to Ontario’s bail system and is deeply concerned both with the substance of these changes and the manner in which they were implemented.
Our members work in Ontario’s legal aid system and conduct the vast majority of bail hearings across the province. They work every day with some of the most vulnerable people in our communities and have direct experience with the operation of Ontario’s bail system. Their experience gives us serious reason to be concerned about the impact these changes will have on access to justice and on people who are already marginalized.
As we stated in our submission on Bill 75 to the Standing Committee on Justice Policy, the new requirements for cash deposits conflict with existing federal legislation and jurisprudence, raise serious questions about provincial jurisdiction, and are inconsistent with fundamental protections under the Canadian Charter of Rights and Freedoms, including the presumption of innocence and the right not to be denied reasonable bail without just cause.
Bail applies to people who have been charged with an offence but have not been convicted. They are presumed innocent. That distinction matters.
In 2023–2024, only approximately 14 per cent of people held in Ontario detention centres had been convicted and sentenced. Nearly 86 per cent were awaiting trial and were legally presumed innocent. The changes introduced through Bill 75 risk increasing the number of people held in custody before trial—not because a court has determined they pose a risk that warrants detention, but because they or their families cannot afford a cash deposit.
That creates the conditions for a two-tier system of justice in which access to pre-trial release can depend, in part, on a person’s financial means.
For people living in poverty, the consequences are particularly serious. Someone who would otherwise be eligible for release may remain in custody simply because they cannot produce the required funds. The practical result is that people with financial resources may be able to secure their release while people without those resources may remain incarcerated.
These impacts will not be experienced equally. Black, Indigenous and other racialized people are already overrepresented in the justice system and are more likely to experience poverty, homelessness and other systemic barriers. Requiring cash deposits risks further exacerbating those inequities.
People living in rural and remote communities may face additional barriers. Where a person pledging funds must attend a courthouse to make a deposit, doing so may require hours of driving or even air travel. Families of limited means may therefore face both the cost of the deposit and significant travel expenses simply to secure the release of a loved one.
We are equally concerned about how these changes were implemented.
The amendments adopted through Bill 75, including the cash-deposit requirements, came into effect on August 17, 2026, with only one workday of lead time for those responsible for administering them. Courts, Crown Attorney offices, Legal Aid and other justice-system participants were left with insufficient time to prepare. In some locations, courts reportedly did not yet have processes in place to receive the required payments when the provisions came into force.
The result has been confusion and inconsistent implementation across the province at a time when clarity and consistency are essential to the administration of justice.
Our members are seeing the consequences firsthand. Their clients frequently include people living in poverty or homelessness and people experiencing mental health or addiction issues. When significant changes to bail are introduced without adequate preparation, it is these individuals—and the professionals trying to assist them—who experience the immediate consequences.
Public safety is important, and Ontarians have a legitimate interest in an effective justice system. But measures intended to improve public safety must also respect constitutional rights, the presumption of innocence and the fundamental principle that access to justice should not depend on a person’s ability to pay.
There are meaningful steps the provincial government can take to improve the justice system. It can address delays in bringing cases to trial. It can ensure Crown Attorney offices, court administration and Legal Aid Ontario have the resources necessary to process cases effectively. And it can invest in addressing the underlying social conditions that contribute to interactions with the criminal justice system.
Those measures would strengthen both public safety and the administration of justice. Cash-deposit requirements do not address the underlying capacity and resource challenges facing Ontario’s justice system.
The Society of United Professionals will continue to oppose measures that undermine the presumption of innocence, create financial barriers to pre-trial release and disproportionately affect poor and marginalized Ontarians. We will also continue to advocate for a properly resourced justice system that protects public safety, supports the professionals who work within it, and respects the constitutional rights of every person who comes before it.
Related resources
Society of United Professionals submission on Bill 75
Submission to the Standing Committee on Justice Policy in Consideration of Bill 75: Keeping Criminals Behind Bars Act, Schedule 2 – Bail Act, April 16, 2026
CCLA and CLA: Challenge to Unconstitutional Cash Bail in Ontario
Canadian Civil Liberties Association and Criminal Lawyers’ Association press release on their constitutional challenge to Ontario's mandatory cash-bail provisions.
CCLA and CLA Notice of Application
Court filing provided by Dana relating to the CCLA and CLA constitutional challenge.
