INTRODUCTION AND BRIEF DESCRIPTION
Orders entered as a judgment under section 734.6 of the Criminal Code are enforceable in the same way as civil judgments obtained by the Attorney General.
SECTION WORDING
734.6(2) An order that is entered as a judgment under this section is enforceable in the same manner as if it were a judgment obtained by the Attorney General of the province or the Attorney General of Canada, as the case may be, in civil proceedings.
EXPLANATION
Section 734.6(2) of the Criminal Code of Canada addresses the enforcement of orders that have been entered as judgments under this section. The section states that these orders are to be enforced in the same manner as if they were a judgment obtained by the Attorney General of the province or the Attorney General of Canada in civil proceedings. This provision is crucial for ensuring that victims of crimes receive justice and restitution for the harm caused to them. When a criminal is sentenced, part of their sentence may include an order to pay restitution to the victim. Restitution may cover direct out-of-pocket expenses caused by the crime, such as medical bills or property damage, or may compensate for more indirect losses, such as lost wages or pain and suffering. Once an order for restitution is made, it is important that it is enforced to ensure that victims receive the compensation they are owed. By allowing the order to be enforced in the same manner as a civil judgment, victims have the same options available to them for collection as they would in a civil case. This can include garnishing wages or seizing assets to satisfy the debt. Overall, Section 734.6(2) emphasizes the importance of ensuring that orders for restitution are enforced and that victims receive the compensation they are owed. This provision helps to ensure that victims receive justice and that offenders are held accountable for the harm they have caused.
COMMENTARY
Section 734.6(2) of the Criminal Code of Canada serves as a provision for the enforcement of an order as a judgment under this section. This section plays an important role in the criminal justice system of Canada. It ensures that the payment of fines, restitution orders, and other penalties can be enforced in a manner that is similar to civil proceedings. Enforcement of orders made under Section 734.6(2) can be a significant challenge for individuals and organizations. This is particularly true, as it is often difficult to recover penalties from an individual or a company, especially if they are non-compliant or uncooperative. To deal with these issues, the Canadian government instituted the provisions under Section 734.6(2) of the Criminal Code of Canada. The provision gives the Attorney General of the province or the Attorney General of Canada the same powers to enforce the orders as if it were a judgment obtained by the Attorney General in a civil proceeding. It allows for a range of enforcement actions against an individual or a company, which may include a seizure of assets, sale of property, and garnishing of wages. This provision is significant for both victims and the criminal justice system as a whole. It ensures that the victims receive the damages they are owed, and it also serves as a deterrent to others who may contemplate similar illegal activities. It is important to note that the fines and penalties imposed under Section 734.6(2) are significant, and failure to pay them can lead to further consequences such as imprisonment. This provision has been used in numerous cases to effectively enforce order. Effective enforcement of these orders maintains public confidence in the justice system and helps to protect the victims' rights. In addition, stronger enforcement under Section 734.6(2) may also serve as a deterrent to potential offenders by showing them that crimes committed leading to penalties cannot be ignored or taken lightly. In summary, the provisions in Section 734.6(2) of the Criminal Code of Canada provide for the effective enforcement of orders made in the criminal justice system. This section, therefore, plays a significant role in ensuring that victims receive the damages they are owed, and that the criminal justice system is fair and effective. Upholding the provision would ensure the continued effectiveness of the justice system in Canada.
STRATEGY
When dealing with Section 734.6(2) of the Criminal Code of Canada, which outlines the enforceability of orders entered as judgments, there are several strategic considerations to keep in mind. These considerations will depend on the particular circumstances of the case and the objectives of the parties involved. One key consideration is the effectiveness of enforcement mechanisms. Just because an order is enforceable does not necessarily mean that it will be easy to collect on. It is important to assess the assets of the party against whom the order has been entered and consider which enforcement mechanisms will be most effective. For example, if the party has substantial assets, a writ of seizure and sale may be appropriate. Alternatively, if the party has income but few assets, garnishment may be the better option. Another consideration is the potential impact on reputation. In some cases, seeking to enforce a judgment may draw unwanted attention to the party seeking enforcement. For example, if the party against whom the judgment has been entered is a public figure, aggressive enforcement efforts may result in negative publicity. It may be necessary to weigh the potential benefits of enforcement against the potential harm to reputation. A third consideration is cost. Enforcing a judgment can be expensive and time-consuming. The costs of enforcement may need to be weighed against the potential recovery before deciding whether to pursue enforcement. In terms of strategies that could be employed, one option is to seek a settlement or payment plan with the party against whom the judgment has been entered. This may be a more cost-effective option than pursuing enforcement, particularly if the party is willing to cooperate. Another option is to engage a collection agency or law firm that specializes in debt collection. These firms may have access to additional resources and expertise that can improve the chances of successful enforcement. Finally, it may be worthwhile to consider conducting a detailed investigation into the assets and financial situation of the party against whom the judgment has been entered. This information can inform a strategy for enforcement and help identify the most effective enforcement mechanisms. In conclusion, when dealing with Section 734.6(2) of the Criminal Code of Canada, it is important to consider the effectiveness of enforcement mechanisms, the potential impact on reputation, and the cost of enforcement. Strategies that could be employed include seeking a settlement or payment plan, engaging a collection agency or law firm, and conducting a detailed investigation into the party's assets and financial situation.