An Ontario judge has temporarily suspended new bail payment rules introduced by the Ford government, citing constitutional concerns raised by legal organizations. The decision follows a court application by the Canadian Civil Liberties Association and the Criminal Lawyers’ Association, which argued that the provincial regulations infringe on federal jurisdiction and violate Charter rights. The new rules, effective this month, require accused individuals to provide cash security deposits within two days of release, a change from previous policies where payments were only required if conditions were breached. The injunction, issued in a seven-page ruling, pauses the implementation until a full constitutional hearing can occur. Legal experts emphasized that the province lacks authority under the Constitution to restrict judicial discretion in bail decisions or violate section 11(e) Charter rights. Ontario’s attorney general has not yet commented on the matter. This development highlights ongoing tensions between provincial governance and federal constitutional boundaries, with implications for criminal justice procedures and individual freedoms.

The article analyzes two recent Canadian court cases that highlight tensions around judicial overreach and constitutional law. The first case involves Ontario's removal of bike lanes in Toronto, where a lower court's injunction was overturned by the Court of Appeal. Justice Grant Huscroft emphasized courts must avoid commenting on legislative policy, underscoring the principle of judicial restraint. The second case centers on Quebec’s attempt to amend Canada’s constitution to exempt provincial legislators from swearing allegiance to the Crown. Law professor Lawrence David challenged this as unconstitutional, arguing such amendments require unanimous parliamentary approval. While the bike lane issue sparked widespread media attention, the constitutional challenge received less coverage despite its implications for Canada’s legal framework. The author critiques both cases, warning against celebrating judicial or legislative actions based solely on their stated goals, as they could lead to unintended consequences. The piece underscores the importance of maintaining institutional boundaries and the dangers of politicizing the judiciary.

Professor Renee Knake Jefferson from the University of Houston publishes a significant new book on constitutional law, enriching legal education.

Renowned constitutional law expert Erwin Chemerinsky will discuss the separation of powers in government at the University of Houston Law Center on March 24, 2025.

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