Ford government says it will require defendants to pay cash security deposits once they are released

Toronto’s police chief spoke on how this will ensure repeat offenders stay behind bars and improve bail compliance.

The Ontario government says it will require defendants to pay cash security deposits once they are released from custody as part of a bill aimed at “tightening” bail requirements.

In a news release issued Monday morning, Attorney General Doug Downey said the current bail system is “broken” and that the bill will introduce repercussions for offenders.

“That’s why our government is advancing a comprehensive tough on crime bail strategy that will strengthen the rules, reinforce compliance, and keep violent and repeat offenders off the street,” Downey said at a news conference announcing the proposed change.

Under the current system, the province says if the court orders a defendant’s release on a promise to pay, no cash deposit is required. In those cases, a person who has agreed to ensure the accused follows their bail conditions (known as a surety) and/or the defendant does not have to pay the agreed upon amount, unless the terms of the release are broken.

“This creates potential challenges related to the collection of forfeited bail payments, including time and resources that must be expended in order to collect payments,” the province said.

According to Toronto Police Chief Myron Demkiw, who was present at Monday’s announcement, fail to comply with conditions is the third-most common charge associated with firearms offences in the city, which he said “reflects how frequently individuals breach the conditions of their release.”

The proposed bill would improve bail compliance, and keep repeat offenders behind bars, the province added, saying the measure would make it easier for it to collect forfeited bail payments when conditions are violated.

If a defendant’s bail conditions are met, the deposit would be returned, the province said.

The government also said it’s proposing to follow up on previous amendments to the Bail Act, including the requirement that sureties provide up-to-date information about the accused person they are supervising through a centralized database.

“There have been cases where sureties have failed to report when the accused person they are supervising has breached their bail conditions, or where the same surety has proposed themselves for multiple accused persons simultaneously,” the government said.

“The creation of a surety database would help hold sureties accountable, improve efficiency, increase public safety and strengthen information sharing between police services by allowing police to access data collected by other jurisdictions.”

Other proposed measures include the expansion of bail prosecution teams, which work with local police departments to prosecute serious and violent crimes to prepare the “strongest possible” cases. Since 2023, the province says those teams have managed over 4,100 cases at the bail stage.

Ontario Premier Doug Ford has long railed against Canada’s bail system, and has blamed what he called “weak-kneed” judges for releasing defendants in high-profile cases.

Last month, the federal Liberal government tabled legislation to make it harder to get bail for a number of offences, including vehicle thefts, extortion, and breaking and entering.

That bill also imposes a reverse onus on bail for certain offences, meaning that the burden of proof is moved from the prosecutor to the accused to justify being granted bail.

The legislation is expected to be tabled on Tuesday.

With files from The Canadian Press

Editor’s note: The Ontario government initially said that cash security deposits would need to be paid before a defendant was released from custody. However, a spokesperson has since clarified that the deposit would be made once the defendant is released. This story has been updated to reflect the change.