By Rosalind Russell – The Federation of Northern Ontario Municipalities (FONOM) is calling on the federal and provincial governments to use the temporary suspension of Ontario’s new cash bail requirements as an opportunity to work together on a coordinated and constitutionally sound approach to bail reform.
According to FONOM president David Plourde, an Ontario Superior Court judge has granted an injunction placing the Province’s new cash bail requirements on hold, adding that the court is considering a constitutional challenge.
He says the new rules would have required an accused person or their surety to provide the full cash security deposit ordered by the court within two business days of release.
Plourde notes FONOM respects the judicial process and recognizes that the injunction is temporary and does not represent a final ruling on the constitutionality of the Province’s measures, emphasizing that the public-safety concerns that led to the reforms remain unresolved.
He says that is why during this pause, the federal and provincial governments should work together to develop a bail-reform solution that respects the responsibilities of both levels of government and can withstand a constitutional challenge.
FONOM says northern municipalities continue to experience the effects of violent and repeat offenders cycling through the justice system, adding it’s particularly concerned about the lack of accountability within the current surety system.
FONOM says it has been made aware of a troubling situation in Sault Ste. Marie, where the same surety was reportedly used seven times in one day for the same accused person, who was arrested seven times.
“A surety is supposed to accept responsibility for supervising an accused person and helping ensure that bail conditions are followed,” Plourde said. “When the same surety can reportedly be used repeatedly without meaningful consequences following additional arrests, it raises serious questions about whether the current system is working as intended.”
FONOM says it has consistently supported reforms that strengthen accountability for sureties and better address violent and repeat offenders, including consistent enforcement and the forfeiture of pledged funds when bail conditions are breached.
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