Remy Sansanwal Secures $1 Bail in Ontario Cash Bail System Shift

Toronto defence lawyer Remy Sansanwal secured a $1 bail for a client on the first day Ontario’s new cash bail rules came into force, a result that drew attention in a Toronto Star report on the province’s controversial shift toward up-front cash deposits.

The case involved an accused person with no criminal record, limited financial means and mental health issues. He was facing one count of mischief tied to minor property damage. Both the Crown and the court found him releasable.

The issue was not whether he should be released. The issue was what amount he could realistically pay under the new system.

A single loonie became the practical symbol of Ontario’s new cash bail rules.

A $1 bail order on the first day of the new system

Remy Sansanwal argued that one dollar was “the only realistic number” his client could afford within the required time frame.

Under the previous system, the accused would likely have been released on a recognizance in the range of $250 to $500. That meant a pledge to pay if release conditions were breached, with no money handed over at the start.

The new regulations changed the practical question in court. When a promise to pay is imposed, an up-front cash deposit is now required. For Remy Sansanwal’s client, the available amount was a single loonie.

The justice of the peace accepted that position and set bail at $1.

That decision allowed the accused to be released while preserving a key principle of Canadian criminal law: a person is presumed innocent unless proven guilty.

In Remy Sansanwal's view, the new system alters the practical purpose of a bail pledge.

“It’s about what an accused or surety has in their bank account right now.”

That distinction matters. Bail is meant to address risks such as attendance in court, public safety and compliance with release terms. In many cases, the amount set by the court has operated as a deterrent, not as a sum that must be paid up front.

The $1 order showed how that logic can change when the court must consider actual cash on hand. A person with limited means may be releasable in every legal sense, yet still face added difficulty if even a small deposit cannot be paid quickly.

Remy Sansanwal also pointed to what he described as a practical contradiction in the new approach.

Even when the deposit is just one dollar, the system still has to process the payment. If the accused does not hand over that dollar, the person could face further consequences, including a fine of up to $5,000 and another hearing.

That means the court system may spend far more time and public resources dealing with non-payment than the original deposit is worth.

“It seems a lot of work for a system that was already working,” Sansanwal told the Toronto Star.

The example is striking because of its scale. A $1 bail order is small enough to sound symbolic. Yet it still triggers the same broader process around payment, tracking and possible enforcement.

For defence lawyers, that can create new work at the earliest and most urgent stage of a criminal case. For accused people with limited means, it can create a new hurdle before release.

Why the $1 bail decision matters

The case does not decide the future of Ontario’s cash bail system. A constitutional challenge is already underway. It does offer an early example of how the rules may affect people who are already vulnerable.

A person with mental health issues, no criminal record and limited income may not have quick access to cash, even in small amounts. Family members or sureties may also struggle to gather funds within short timelines.

Canadian bail law has long required courts to use the least restrictive form of release that is appropriate in the circumstances. Courts must still assess the facts of the case, the allegations, the person’s background and the proposed release plan.

The $1 result shows that defence counsel can still argue for a realistic amount based on the accused person’s actual financial situation. It also shows why early, focused advocacy at a bail hearing matters.

This post is for general information only and is not legal advice. Anyone concerned with bail proceedings should speak with a criminal defence lawyer about their situation.

Contact Remy Sansanwal for assistance with your bail hearing.