Criminal Code of Canada - section 734(6) - Moneys found on offender

section 734(6)

INTRODUCTION AND BRIEF DESCRIPTION

This section allows for fines to be paid using money found in the possession of the offender at the time of arrest if no other claimants dispute ownership or possession of that money.

SECTION WORDING

734(6) All or any part of a fine imposed under this section may be taken out of moneys found in the possession of the offender at the time of the arrest of the offender if the court making the order, on being satisfied that ownership of or right to possession of those moneys is not disputed by claimants other than the offender, so directs.

EXPLANATION

Section 734(6) of the Criminal Code of Canada allows for a court to take all or part of a fine imposed on an offender from any money found in the possession of the offender at the time of their arrest. This provision is primarily aimed at ensuring that fines are paid and serves as a way to enforce financial penalties on individuals who are unable or refuse to pay the fines they have been ordered to pay. If the court makes an order to take the fine out of the offender's possession, it must be satisfied that no other claimants than the offender dispute the ownership or the right to possession of the money. This condition ensures that the court does not unjustly seize someone else's property and also helps to protect the interests of third parties. In other words, if someone else claims ownership over the funds, either because they lent the money to the offender or due to some other reasons, the court cannot take the funds and the matter would need to be resolved separately. Section 734(6) provides a way for courts to enforce the payment of fines and encourages offenders to pay their fines as soon as they can. As unpaid fines can accumulate interest or result in other legal consequences, this provision serves as a way to ensure that penalties are effectively implemented and that offenders are held accountable for their actions. Overall, the provision is an important part of the Criminal Code of Canada's legal framework, and its implementation ensures that justice is fairly and equitably upheld.

COMMENTARY

Section 734(6) of the Criminal Code of Canada allows for the confiscation of money found in the possession of an offender at the time of their arrest, for the purpose of paying all or part of a fine imposed under the same section. The section applies only after the offender has been convicted and sentenced under the Criminal Code. While the provision may seem harsh, it is important to note that fines are one of the most commonly imposed penalties for criminal offences. The purpose of imposing fines is to provide a form of punishment that is commensurate with the offence, without necessarily imposing a custodial sentence that would be more expensive to the state. However, imposing a fine alone is often not enough of a deterrent to prevent offenders from re-offending. Therefore, the confiscation of money found in the possession of an offender can serve as a supplement to the fine, and potentially increase its effectiveness as a deterrent. It is also worth noting that the confiscation of money found in the possession of an offender is not automatic. The court must first be satisfied that the ownership or right to possession of the money is not disputed by any claimants other than the offender. This ensures that the confiscation is fair and just, without violating the rights of innocent third parties. In other words, if the money found on the offender does not belong to them, then it cannot be confiscated to pay the fine. While this provision may be necessary in some cases, there are potential issues with the confiscation of money found in the possession of an offender. One such issue is that it may disproportionately affect individuals who may not have the means to pay their fines. For example, individuals with low incomes may be more likely to have cash in their possession, and may struggle to pay both the fine and the confiscated amount. This could potentially lead to a cycle of debt and further financial hardship. Another potential issue is that the provision could be used to target marginalized communities. For example, racial profiling could lead to targeted arrests and the confiscation of money from individuals who may not have committed any offence. This would violate their rights and further perpetuate systemic injustices. In conclusion, while the confiscation of money found in the possession of an offender may be necessary in some cases, courts must ensure that the provision is applied fairly and justly. They must take into account the potential impact on vulnerable individuals, and guard against any discriminatory practices that could further marginalize certain communities. Ultimately, the effectiveness of this provision will depend on its careful and measured application in each case.

STRATEGY

Section 734(6) of the Criminal Code of Canada provides the court with the power to take all or part of a fine imposed on an offender out of moneys found in the possession of the offender at the time of the arrest. This provision is a critical weapon used by the state to recover a fine levied against an offender, and its application is typically done with precision to maximize its effectiveness. In this essay, we will discuss some strategic considerations and possible strategies for dealing with Section 734(6) of the Criminal Code. One critical strategic consideration to keep in mind when dealing with Section 734(6) is that the state must show that the offender owns or has the right to possess the moneys found. This requirement is to prevent the state from unlawfully depriving a third party of their property. Therefore, a possible strategy for the offender is to demonstrate that the moneys found do not belong to them, but to a third party. This strategy could be successful by showing evidence such as receipts, bank statements, or any other document that provides proof of ownership or possession of the moneys by a third party. Another strategic consideration is the timing of when the court issues an order compelling the payment of a fine through Section 734 (6). If the state cannot demonstrate that the offender has moneys in their possession at the time of arrest, the court may not order a fine payment under this section. Therefore, a possible strategy for the offender is to avoid carrying moneys on them at the time of their arrest. In other words, an offender can take steps to ensure that they are not in possession of moneys, such as withdrawing cash before committing their offense. Additionally, an offender may choose to challenge the amount of the fine imposed on them through Section 734(6). Assessment of the amount of the fine depends on various factors, such as the offender's financial status, the severity of the offense, and the circumstances of the case. If the offender can provide evidence that the assessment of the fine is excessive or disproportionate to their means, they may petition the court to reconsider the amount of the fine. This may result in a reduction of the fine, which decreases the amount of money that the state can order to be taken out of the offender's possession under this section. The role of legal representation cannot be overstated in dealing with Section 734(6) of the Criminal Code. A legal representative may employ various strategies such as seeking a payment schedule for the offender, seeking an installment plan for the payment of the fine, or negotiating with the court to agree on a reduced fine amount. Legal representation of the offender ensures that their rights are protected, and that they can make their case effectively before the court. In conclusion, Section 734(6) of the Criminal Code of Canada provides the court with a potent tool for recovering fines imposed on offenders. Various strategic considerations and strategies can be employed to deal with this section effectively. These strategies include demonstrating ownership of moneys by a third party, avoiding carrying moneys at the time of arrest, challenging the amount of the fine, and retaining legal representation to negotiate reasonable alternatives to paying the fine. By keeping these strategies in mind, an offender can effectively manage their defense and minimize the impact of Section 734(6) on their financial stability.