section 734(4)

INTRODUCTION AND BRIEF DESCRIPTION

If an offender is fined and cannot pay, they will be deemed to be sentenced to imprisonment.

SECTION WORDING

734(4) Where an offender is fined under this section, a term of imprisonment, determined in accordance with subsection (5), shall be deemed to be imposed in default of payment of the fine.

EXPLANATION

Section 734(4) of the Criminal Code of Canada is a legal provision that deals with the imposition of imprisonment in cases where an offender is unable to pay the fine that has been levied against them. This section is often referred to as the default punishment" provision. According to this provision, if an offender has been fined under this section, and they fail to pay the fine, then a term of imprisonment will be deemed to be imposed as a default. The length of the imprisonment term is determined in accordance with subsection (5), and it depends on the amount of the fine that has been imposed on the offender. The purpose of this provision is to ensure that offenders who have been fined under the Criminal Code of Canada are held accountable for their actions, even if they are unable to pay the fine that has been imposed upon them. The provision acts as a deterrent to potential offenders, as it increases the severity of the punishment that can be imposed upon them in case of default. However, it is important to note that the provision also has its limitations. Imprisonment as a default punishment may not be appropriate in all cases, as it could cause undue hardship on the offender who is unable to pay the fine. In such cases, the courts have the discretion to exercise leniency and look for alternative ways to collect the fine or impose a less harsh punishment. Overall, Section 734(4) of the Criminal Code of Canada plays an important role in the justice system, as it ensures that offenders are held accountable for their actions even if they cannot pay the fines they owe. At the same time, it underscores the importance of balancing justice with fairness and ensuring that punishment is appropriate and proportionate to the crime committed.

COMMENTARY

Section 734(4) of the Criminal Code of Canada is a legislative provision which allows for imprisonment in default of payment of a fine. This clause states that when an offender is given a fine under this section of the Criminal Code, a term of imprisonment will be deemed to be imposed in the event that the offender fails to pay the fine. The length of imprisonment is determined in accordance with subsection (5) of the code. This provision is important because it serves as a deterrent to those who may be reluctant to pay a fine imposed on them by the courts. The possibility of imprisonment should act as a strong incentive for offenders to pay their fines on time. This not only ensures that offenders are held accountable for their actions but also helps to ensure that fines are effective in deterring future offending. The provision also recognizes the principle of proportionality in sentencing. Imprisonment is only imposed as a last resort in cases where the offender has failed to pay the fine despite having the ability to do so. The length of the imprisonment is determined based on the amount of the fine and the offender's ability to pay. The provision also allows offenders who are genuinely unable to pay the fine, to apply to the court for alternative punishment such as community service. However, while the provision serves an important purpose, there are some concerns with its application. Firstly, the provision may create inequality in the justice system. People from lower socio-economic backgrounds may not have the means to pay fines, resulting in imprisonment. This can perpetuate a cycle of poverty and disadvantage. Moreover, certain groups may be disproportionately affected, such as Indigenous Canadians who are overrepresented in the criminal justice system and are more likely to have limited financial resources. Secondly, the provision may also lead to overcapacity in prisons. Imprisonment should be a last resort and should only be imposed for serious offences. However, if many people are being imprisoned for non-payment of fines, it can lead to overcrowding in prisons and take away resources from more serious offenders. It may also result in the imprisonment of people who pose no risk to public safety. Overall, the provision in Section 734(4) of the Criminal Code serves a necessary purpose in ensuring that offenders are held accountable for their actions. However, it is important to balance this with the principles of proportionality and equality in the justice system. More efforts can be made to address the underlying issues of poverty and disadvantage that may lead to non-payment of fines. Alternatives to imprisonment such as community service can also be explored as a more effective and humane approach to dealing with non-payment of fines.

STRATEGY

Section 734(4) of the Criminal Code of Canada imposes an automatic additional punishment of imprisonment in default of payment of a fine imposed on an offender. This section of the Criminal Code of Canada has been the subject of much debate, as it can have unintended consequences for vulnerable individuals who may not have the means to pay the fine. In order to navigate Section 734(4) of the Criminal Code of Canada, it is important to consider a number of strategic factors. First, it is important to assess the ability of the offender to pay the fine. A thorough investigation should be conducted to determine the offender's financial situation, including their income, assets, debts, and expenses. This information can be used to determine whether the offender is capable of paying the fine. If it is determined that the offender cannot pay the fine, there are a number of strategies that can be employed. One strategy is to negotiate a payment plan with the offender. This can involve setting up a schedule of payments that fits the offender's financial situation. The advantage of this strategy is that it allows the offender to avoid imprisonment in default of the fine and provides an opportunity for the offender to repay the debt in a way that is manageable. Another strategy that can be employed is to seek a reduction in the fine. This strategy involves presenting evidence to the court that demonstrates that the fine is excessive or that the offender is unable to pay the full amount. This can involve presenting evidence of the offender's financial situation, as well as other relevant factors, such as the nature of the offense and the offender's criminal record. The advantage of this strategy is that it reduces the financial burden on the offender and may also reduce the risk of imprisonment in default of the fine. A third strategy that can be employed is to seek alternative sentencing options. This can include community service, probation, or conditional discharge. These options can be particularly useful for offenders who are unable to pay the fine but who pose a low risk to society. The advantage of this strategy is that it allows the offender to avoid imprisonment in default of the fine and provides an opportunity for the offender to make amends to society. In conclusion, Section 734(4) of the Criminal Code of Canada can be a challenging provision to navigate, particularly for vulnerable individuals who may not have the means to pay the fine. It is important to consider the offender's financial situation and to employ a range of strategies, including negotiating a payment plan, seeking a reduction in the fine, and exploring alternative sentencing options. By taking a strategic approach, it is possible to minimize the harm caused by imprisonment in default of a fine and to ensure that justice is served in a fair and effective manner.