section 734(2)

INTRODUCTION AND BRIEF DESCRIPTION

This section states that a court can only impose a fine on an offender if they are able to pay it.

SECTION WORDING

734(2) Except when the punishment for an offence includes a minimum fine or a fine is imposed in lieu of a forfeiture order, a court may fine an offender under this section only if the court is satisfied that the offender is able to pay the fine or discharge it under section 736.

EXPLANATION

Section 734(2) of the Criminal Code of Canada outlines the conditions that must be met before a court can impose a fine on an offender. According to this provision, a court can only fine an offender if the offender is able to pay the fine or discharge it under section 736. This means that the court must have evidence that the offender has the financial means to pay the fine. If the offender is unable to pay the fine, the court cannot impose it. However, there are exceptions to this rule. If the punishment for an offence includes a minimum fine or a fine is imposed in lieu of a forfeiture order, the court can impose a fine regardless of the offender's ability to pay. In other words, if the law requires a fine to be imposed for a particular offence, the court does not have to consider the offender's ability to pay. The purpose of this section is to ensure that fines are imposed fairly and in accordance with an offender's ability to pay. It is not uncommon for offenders to be fined amounts that they cannot afford, which can lead to further financial problems or even imprisonment if the fine is not paid. By requiring the court to assess an offender's ability to pay before imposing a fine, this provision helps to prevent unfair fines that could cause undue hardship. Overall, section 734(2) is an important provision for ensuring that fines are imposed fairly and in a manner that is consistent with an offender's financial circumstances. It helps to ensure that fines are not used as a means of punishment that is disproportionately harsh or unfair.

COMMENTARY

Section 734(2) of the Criminal Code of Canada is an important provision that limits judicial discretion in imposing fines on offenders. The section specifies that a court may fine an offender only if it is satisfied that the offender is able to pay the fine or discharge it under section 736, unless the punishment for the offence includes a minimum fine or a fine is imposed in lieu of a forfeiture order. This means that a court cannot simply impose a fine on an offender without first considering their ability to pay the fine. The purpose of this provision is to ensure that fines are not used as a form of punishment that disproportionately targets low-income offenders. In other words, fines should be proportionate to the offender's ability to pay. This is a crucial principle of criminal justice that helps to maintain fairness and equity in the legal system. If fines were imposed without regard for the offender's ability to pay, it could lead to situations where certain groups are unfairly impacted, such as those who are living in poverty or those who are already facing significant financial hardship. The provision also recognizes that fines can have serious consequences for individuals who are unable to pay them. For example, failure to pay a fine can result in a criminal record, suspension of driver's license, or even imprisonment. These consequences can have a long-lasting impact on an individual's life, particularly if they are already marginalized. By requiring the court to consider the offender's ability to pay, the provision helps to prevent the imposition of fines that are likely to lead to undue hardship. The requirement for the court to consider the offender's ability to pay also reflects the principle of proportionality in criminal sentencing. Proportionality requires that the punishment be commensurate with the gravity of the offence and the degree of responsibility of the offender. In the case of fines, proportionality requires that the amount of the fine be related to the offender's ability to pay. This ensures that fines are not used as a tool for punishing offenders beyond what is reasonable and necessary. Overall, Section 734(2) of the Criminal Code of Canada is a crucial provision that helps to ensure that fines are used as a proportionate and fair form of punishment. By requiring the court to consider an offender's ability to pay, the provision helps to prevent unnecessary hardship for low-income individuals and promotes equity and fairness in the criminal justice system. It is an important safeguard against the misuse of fines as a tool for punishing marginalized individuals and can help to promote greater confidence in the legal system.

STRATEGY

Section 734(2) of the Criminal Code of Canada has been added to ensure that only those offenders who are able to pay the fine are fined. This section ensures that the offender is not punished beyond their means and prevents them from becoming further marginalized in society. It also helps with the collection of fines by only imposing them on offenders who can pay. When dealing with this section of the Criminal Code, there are several strategic considerations that should be kept in mind. Firstly, it is important to establish the financial situation of the offender at the time of sentencing. This can be done through the use of a pre-sentence report or through questioning the offender directly. Secondly, the court must determine if the offender has the ability to pay the fine. If the offender is unable to pay, the court may consider alternative forms of punishment such as a conditional sentence or community service. It is important to ensure that the punishment imposed is commensurate with the crime committed. Thirdly, strategies must be employed to ensure that the fine is collected. This can be done by setting up a payment plan with the offender or by having the fine deducted directly from the offender's income. In cases where the offender refuses to pay, the court may resort to other methods such as garnishing wages or seizing assets. Another strategic consideration when dealing with section 734(2) is to ensure that any fines imposed are not excessive or unfair. The court must take into consideration the offender's ability to pay and the seriousness of the offense committed. Fines that are excessive or unreasonable may be overturned on appeal, causing unnecessary delays in the justice system. Finally, it is important to ensure that fines are imposed consistently and fairly. Any disparities or inconsistencies in the imposition of fines may be seen as discriminatory and can erode public trust in the justice system. In conclusion, section 734(2) of the Criminal Code of Canada is an important provision that helps ensure that fines are only imposed on offenders who are able to pay them. While imposing fines can be an effective method of punishment, it is important that the punishment is commensurate with the offense committed and that the offender is not punished beyond their means. Employing appropriate strategies can help ensure that fines are collected and that justice is served in a fair and consistent manner.