Criminal Code of Canada - section 462.37(4) - Imprisonment in default of payment of fine

section 462.37(4)

INTRODUCTION AND BRIEF DESCRIPTION

This section specifies the length of imprisonment for an offender who does not pay a fine according to its amount and allows the court to order the consecutive serving of imprisonment.

SECTION WORDING

462.37(4) Where a court orders an offender to pay a fine pursuant to subsection (3), the court shall (a) impose, in default of payment of that fine, a term of imprisonment (i) not exceeding six months, where the amount of the fine does not exceed ten thousand dollars, (ii) of not less than six months and not exceeding twelve months, where the amount of the fine exceeds ten thousand dollars but does not exceed twenty thousand dollars, (iii) of not less than twelve months and not exceeding eighteen months, where the amount of the fine exceeds twenty thousand dollars but does not exceed fifty thousand dollars, (iv) of not less than eighteen months and not exceeding two years, where the amount of the fine exceeds fifty thousand dollars but does not exceed one hundred thousand dollars, (v) of not less than two years and not exceeding three years, where the amount of the fine exceeds one hundred thousand dollars but does not exceed two hundred and fifty thousand dollars, (vi) of not less than three years and not exceeding five years, where the amount of the fine exceeds two hundred and fifty thousand dollars but does not exceed one million dollars, or (vii) of not less than five years and not exceeding ten years, where the amount of the fine exceeds one million dollars; and (b) direct that the term of imprisonment imposed pursuant to paragraph (a) be served consecutively to any other term of imprisonment imposed on the offender or that the offender is then serving.

EXPLANATION

Section 462.37(4) of the Criminal Code of Canada relates to the consequences of not paying a fine that has been imposed by the court. The section specifies that if an offender is ordered to pay a fine but fails to do so, the court has the power to enforce the payment by imposing a term of imprisonment. The length of the prison term is dependent on the amount of the fine, with higher fines resulting in longer terms. The section also allows the court to direct that the term of imprisonment be served consecutively to any other sentence the offender is currently serving. This means that if an offender is already serving a sentence for another offence, they will have to serve the term of imprisonment imposed for failing to pay the fine after completing the sentence for the other offence. The purpose of this section is to ensure that fines are paid promptly and to provide a means of enforcing the payment if they are not. By imposing a term of imprisonment, the court aims to encourage offenders to comply with their financial obligations and avoid the consequences of not doing so. This section is an important tool for ensuring that justice is served and that offenders are held accountable for their actions.

COMMENTARY

Section 462.37(4) of the Criminal Code of Canada deals with the issue of fines and the consequences of failing to pay them. The section outlines the penalties that can be imposed on an individual who fails to pay the fines ordered by a court, namely imprisonment. The duration of the imprisonment is directly proportional to the amount of the fine ordered by the court. The primary purpose of this section is to ensure that fines ordered by the court are paid promptly, and to discourage individuals from disregarding the authority of the court. If an offender fails to pay the fine, the court is authorized to impose a term of imprisonment as a form of punishment. The section assigns specific durations of imprisonment based on the amount of the fine imposed. While the section is ostensibly aimed at ensuring that fines are paid, it is also intended to serve as a deterrent to those who might otherwise choose not to pay. Theoretically, knowing that failure to pay a fine may result in imprisonment would deter some people from committing crimes in the first place. However, this is not always the case. In reality, there are many people who, due to poverty or other reasons, may struggle to pay the fine even if they are in full compliance with the court. It is important to note that imprisonment should not be used as the first or only option for enforcing payment of fines. There are many cases where imprisonment may not be appropriate, and alternative approaches should be taken. For example, the court may choose to schedule an installment plan to assist an offender in paying the fine. Alternatively, the court can choose to impose an alternative punishment, such as community service or a suspended sentence. The use of imprisonment as a default punishment for those who cannot pay fines has drawn criticism from some individuals who argue that it penalizes those already disadvantaged due to poverty and may be counterproductive. Prison is an expensive option and may actually result in increased financial hardship for offenders and their families, potentially having long-term negative consequences on the individual and their ability to fund their livelihoods. Overall, the section dealing with fines and imprisonment in Canada's Criminal Code is an essential component of criminal justice. It ensures that fines imposed by the court are taken seriously and that offenders are held accountable for their offenses. However, care should be taken to ensure that the approach adopted is not excessively punitive, and that punishments considered reflect the financial capacity and individual characteristics of the offender. Indeed, a fair and just approach to enforcement of fines and penalties should include mechanisms to prevent individuals experiencing further hardship as a result of legal proceedings.

STRATEGY

Section 462.37(4) of the Criminal Code of Canada outlines the consequences for offenders who fail to pay fines ordered by the court. The section states that in default of payment, the court may impose a term of imprisonment, the length of which will depend on the amount of the fine ordered. In considering this section when dealing with offenders, there are several strategic considerations that could be employed to ensure that offenders comply with the court's orders. One strategy that can be employed is to explore alternative sentencing options for offenders who cannot afford to pay the fines ordered by the court. For example, offenders may be given the option of community service or a payment plan instead of being sent to jail for non-payment of fines. This approach can be particularly effective for offenders who are struggling financially and may not have the means to pay the fines outright. Another strategy could be to work with the offender to develop a plan for payment of the fines. This could involve setting up a payment plan with regular installments or exploring avenues for the offender to obtain the financial resources to pay the fine. By working with the offender in this way, it may be possible to avoid having to resort to imprisonment as a consequence for non-payment of fines. In cases where imprisonment is necessary, it may be advisable to ensure that the term of imprisonment is reasonable and proportionate to the offense committed. This can be achieved by providing the court with information about the offender's circumstances, such as their financial situation or any extenuating circumstances that may have led to non-payment of the fine. This information can be used to argue for a shorter term of imprisonment or for the imposition of alternative sentencing options. When dealing with Section 462.37(4) of the Criminal Code of Canada, it is important to take into account the potential consequences of non-payment of fines. By exploring alternative sentencing options, working with offenders to develop payment plans, and presenting mitigating factors to the court, it may be possible to avoid having to impose lengthy terms of imprisonment on offenders who are already struggling to comply with court orders.