Ontario plans tighter bail rules requiring cash deposits

Ontario plans to introduce legislation that would require an accused person or their surety to provide a cash security deposit in the full amount ordered by the court, a move the province says will strengthen bail compliance and keep violent, repeat offenders behind bars.

Attorney General Doug Downey said the current system allows too many high-risk offenders back into the community. Under existing rules, people released on a promise to pay do not provide a cash deposit unless they breach conditions and the court orders payment, a process the government says can be difficult and time-consuming to enforce.

The proposed changes would require the full cash deposit when an accused person is released. If they follow their release conditions, the money would be returned at the conclusion of the case or when the surety’s obligations end. If conditions are breached and a court orders forfeiture, the funds would be automatically recovered.

The government also intends to strengthen tools for collecting forfeited bail, including updated surety information requirements and expanded options such as wage garnishment, property liens and seizure of assets if cash security is not paid or recovered.

Solicitor General Michael Kerzner said the measures build on the province’s investments in new correctional capacity to ensure space is available to hold violent offenders. The broader strategy includes expanding bail prosecution teams and enhancing digital tracking tools for repeat offenders and those who breach bail.

Among the new digital tools would be a surety database aimed at improving checks, enhancing information sharing among police services and holding sureties accountable. The government says the database would help address cases where individuals supervise multiple accused persons or fail to report breaches.

Since 2023, Ontario’s bail prosecution teams have handled more than 4,100 serious violent cases at the bail stage.

Associate Solicitor General Zee Hamid said the province will continue to press the federal government for broader bail and sentencing reform.

The province is also continuing capital investments to add permanent beds and reopen correctional space to ensure capacity constraints do not result in the release of high-risk offenders.

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