section 194(1)

INTRODUCTION AND BRIEF DESCRIPTION

A court may order an accused to pay punitive damages up to $5,000 to a person aggrieved if convicted of certain offenses.

SECTION WORDING

194(1) Subject to subsection (2), a court that convicts an accused of an offence under section 184, 184.5, 193 or 193.1 may, on the application of a person aggrieved, at the time sentence is imposed, order the accused to pay to that person an amount not exceeding five thousand dollars as punitive damages.

EXPLANATION

Section 194(1) of the Criminal Code of Canada establishes provisions for imposing punitive damages on an accused individual convicted of an offense under sections 184, 184.5, 193, or 193.1 of the Code. These provisions aim to compensate a person who has suffered harm as a result of these offenses. The provision allows the court, on the application of an aggrieved person, to order the convicted accused to pay a certain amount of money, not exceeding $5,000, as punitive damages. Punitive damages are awarded to punish the offender for their wrongful acts, as well as to deter them and others from future wrongful conduct. Section 184 of the Criminal Code prohibits the participation in street racing, and section 184.5 prohibits stunt driving. Section 193 and 193.1 deal with criminal negligence and dangerous driving causing bodily harm or death, respectively. In each of these offenses, individuals may cause harm, injury, or death to others, and a successful conviction under any of these offenses may result in a loss of life-changing damages. The court's decision to order punitive damages reflects not only the serious nature of the offenses committed but also the need to provide compensation to the impacted individuals. This provision reinforces the responsibility of the accused to compensate the victim for the harm caused and ensures that the verdict acknowledges the harm done by the convict.

COMMENTARY

Section 194(1) of the Criminal Code of Canada deals with the issue of punitive damages in cases where an accused has been convicted of certain offences. Punitive damages are damages that are intended to punish a wrongdoing and deter others from engaging in similar conduct. The offenses mentioned in this section include section 184 and 184.5, which deal with threatening, intimidating, or harassing conduct, and sections 193 and 193.1, which deal with fraud and misrepresentation. All of these offenses involve conduct that is harmful or potentially harmful to others and are considered to be serious criminal offenses. This section allows a court to order the accused to pay punitive damages to a person who has been aggrieved by the accused's conduct. The purpose of these damages is not to compensate the victim for any harm they have suffered, but rather to punish the accused and deter them from engaging in similar conduct in the future. The maximum amount of punitive damages that can be ordered is $5,000. While this may not seem like a significant amount, it is important to remember that these damages are not meant to compensate the victim for any harm they have suffered. Rather, they are intended to punish the accused and deter them from engaging in similar conduct in the future. One issue with Section 194(1) is that it only applies to a limited number of offenses. There are many other criminal offenses that may also be considered serious and harmful, but there is no provision for punitive damages in those cases. This may leave victims of other crimes feeling like they have not received adequate justice or compensation. Another issue with this section is that it is dependent on the victim making an application for punitive damages. This means that victims who may not be aware of their right to seek punitive damages or who may not have the resources to make an application may be left without this option. Overall, Section 194(1) of the Criminal Code of Canada is an important provision that allows courts to order the payment of punitive damages in certain cases. While there are some limitations to this provision, it is an important tool in punishing wrongdoers and deterring others from engaging in similar conduct. Victims of crimes should be aware of their rights regarding punitive damages and the importance of seeking legal advice in such situations.

STRATEGY

Section 194(1) of the Criminal Code of Canada allows a court to order an accused to pay punitive damages to a person aggrieved if they are convicted of certain offences. Punitive damages are intended to punish the accused for their conduct, rather than compensate the victim for any harm they have suffered. When dealing with this section of the code, there are several strategic considerations that need to be taken into account. One of the first things to consider when dealing with section 194(1) is whether or not it is appropriate to seek punitive damages. This will depend on the circumstances of the case and the nature of the offence committed. In cases where the accused's conduct was particularly egregious or harmful, seeking punitive damages may be justified. However, in other cases, it may not be worth the time and effort to pursue this type of remedy. If it is decided to pursue punitive damages, the next strategic consideration is how to frame the application to the court. The application should clearly set out the reasons why punitive damages are being sought and provide evidence to support the amount being requested. It may also be helpful to highlight any aggravating factors that support the imposition of punitive damages, such as a history of similar offending or a lack of remorse on the part of the accused. Another important consideration is the timing of the application. Section 194(1) requires that the application be made at the time sentence is imposed, so it is important to be prepared to make the application at that stage in the proceedings. This means gathering all the necessary evidence and preparing the application well in advance of the sentencing hearing. It is also important to consider the potential consequences of seeking punitive damages. While an order for punitive damages can result in a significant financial penalty for the accused, it can also make the victim a target for retaliation or further abuse. In some cases, seeking other types of remedies, such as a restraining order or restitution, may be more appropriate and less risky. Finally, it is important to choose a lawyer who is experienced in dealing with section 194(1) applications. This is a complex area of the law and requires a lawyer who is familiar with the relevant legal principles and has experience advocating for victims in court. In summary, there are several strategic considerations when dealing with section 194(1) of the Criminal Code of Canada. These include deciding whether or not to seek punitive damages, framing the application to the court, timing the application appropriately, considering the potential consequences of seeking punitive damages, and choosing an experienced lawyer to advocate on behalf of the victim. By carefully considering these factors, victims can maximize their chances of obtaining a successful outcome in court.