An Ontario Superior Court judge has openly refused to enforce the province’s new cash-bail rules, releasing a woman charged in a human-trafficking case without requiring an upfront cash deposit.

Justice Scott Cowan made the decision Wednesday in Milton, just days after Ontario’s new bail regime took effect.

The accused was arrested with eight others in connection with what Halton Regional Police described as an alleged commercial sexual exploitation network.

Despite the new provincial rules requiring cash deposits to be paid within 48 hours, Cowan released the woman on a $1,000 pledge with no deposit. Her two sureties were each required to pledge $5,000, also without paying cash upfront.

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Cowan’s reasons are covered by a standard publication ban intended to protect the accused’s right to a fair trial.

The ruling immediately puts Ontario’s new system on a collision course with the courts.

Premier Doug Ford’s government introduced the rules Monday, arguing they would strengthen bail and help keep dangerous and repeat offenders behind bars.

Ford’s office blasted the decision.

“The justice system has a responsibility to keep human traffickers behind bars,” spokesperson Hannah Jensen said, while calling it unacceptable to release violent offenders onto the streets.

But defence groups argue Ontario has stepped into an area reserved exclusively for Ottawa.

The Canadian Civil Liberties Association and Criminal Lawyers’ Association have already launched a constitutional challenge, arguing the province is attempting to rewrite federal criminal procedure. The Criminal Code gives judges discretion over whether security must be deposited and generally favours promises to pay rather than immediate cash payments.

Defence lawyer Leora Shemesh praised Cowan’s decision, noting her client has no criminal record and remains presumed innocent.

The constitutional challenge is expected back in court next week, when the groups will seek an injunction suspending Ontario’s cash-bail rules.