section 734.7(1)

INTRODUCTION AND BRIEF DESCRIPTION

This section prohibits the issuance of a warrant of committal in default of payment of a fine until certain conditions are met.

SECTION WORDING

734.7(1) Where time has been allowed for payment of a fine, the court shall not issue a warrant of committal in default of payment of the fine (a) until the expiration of the time allowed for payment of the fine in full; and (b) unless the court is satisfied (i) that the mechanisms provided by sections 734.5 and 734.6 are not appropriate in the circumstances, or (ii) that the offender has, without reasonable excuse, refused to pay the fine or discharge it under section 736.

EXPLANATION

Section 734.7(1) of the Criminal Code of Canada governs when a court can issue a warrant of committal in default of payment of a fine. This section of the code specifies that when a fine has been levied, the court cannot issue a warrant of committal unless certain conditions are met. These conditions are that the time allowed for payment of the fine has expired and the court is satisfied that the mechanisms provided by sections 734.5 and 734.6 are not appropriate, or the offender has refused to pay the fine without reasonable excuse. The mechanisms provided by sections 734.5 and 734.6 outline the various options that an offender has for payment of the fine. These mechanisms include paying the fine in full, entering into a payment plan, or performing community service in lieu of paying the fine. Hence, if the offender has not exhausted all options when it comes to payment of the fine, then the court cannot issue a warrant of committal. A warrant of committal is a court order that requires the offender to be arrested and detained in a prison or other detention facility. This order is issued when the offender has refused or failed to comply with the court order. The use of a warrant of committal in default of payment of a fine is ethical in ensuring that the court order is upheld, but such a penalty can be overly harsh and in some instances lead to lengthy detention and loss of liberty. The section, therefore, serves to ensure that an offender has exhausted all options before a warrant of committal is issued, protecting their fundamental right to avoid unnecessary incarceration. It also reflects the code's consideration of alternate measures and recognizes the fact that not all individuals are capable of paying fines promptly on their own accord.

COMMENTARY

Section 734.7(1) of the Criminal Code of Canada is an important legal provision that governs the issuance of warrants of committal for unpaid fines. The section sets out the requirements that must be met before a court can authorize the issuance of a warrant of committal against an individual who has failed to pay a fine as ordered by the court. Essentially, this provision is meant to ensure that individuals are not unfairly imprisoned for failure to pay fines, and that all other reasonable means of collecting the fine have been exhausted before resorting to incarceration. Under this provision, a court is prohibited from issuing a warrant of committal for unpaid fines until the expiration of the time allowed for payment. This means that individuals who are unable to pay a fine in full immediately are given a grace period to make payment. Additionally, a warrant of committal can only be issued if the court is satisfied that other mechanisms provided by sections 734.5 and 734.6 are not appropriate in the circumstances, or that the offender has refused to pay the fine without reasonable excuse. Sections 734.5 and 734.6 outline alternative mechanisms for enforcing the payment of fines that do not require imprisonment. These mechanisms include the seizure of property, the garnishment of wages, and the detention of an offender until the fine is paid. The use of these alternative mechanisms is meant to ensure that individuals are not imprisoned for failure to pay fines when other means of collection are available. Furthermore, section 734.7(1) requires that a court be satisfied that an offender has refused to pay the fine without a reasonable excuse before issuing a warrant of committal. This provision is intended to prevent individuals who are genuinely unable to pay fines from being unjustly imprisoned. A reasonable excuse for non-payment may include financial hardship, illness, or other circumstances beyond an individual's control. The purpose of section 734.7(1) is to ensure that individuals are not unfairly punished for non-payment of fines. Imprisonment should be a last resort, only to be used when all other means of collecting the debt have been exhausted. This provision ensures that individuals who are unable to pay fines are not subjected to unnecessary and potentially harmful incarceration. Additionally, it ensures that the judiciary is not seen as a tool for collecting fines, but rather as a means for upholding justice and the rule of law. In summary, section 734.7(1) of the Criminal Code of Canada is an important legal provision that protects individuals from unjust imprisonment for non-payment of fines. It ensures that all reasonable means of collecting the debt have been exhausted before imprisonment is considered. By considering the individual circumstances of each case, judges can make informed decisions about whether imprisonment is the appropriate course of action. As such, this provision upholds the principles of justice, fairness, and equality before the law.

STRATEGY

Section 734.7(1) of the Criminal Code of Canada is an important provision that regulates the use of warrants of committal in cases where fines have been imposed by the court. Essentially, this provision requires the court to exhaust all other means of collecting the fine before issuing a warrant of committal. In other words, the court must have a good reason for issuing a warrant of committal, and must be satisfied that other mechanisms are not appropriate in the circumstances. Some of the strategic considerations that lawyers and defendants need to keep in mind when dealing with this provision include: 1. Understanding the mechanisms provided by sections 734.5 and 734.6 Sections 734.5 and 734.6 of the Criminal Code of Canada provide alternative mechanisms for collecting fines, such as payment plans and community service orders. Defendants should be aware of these options and explore them with their lawyers, as they may be able to avoid a warrant of committal by demonstrating a willingness to pay and a recognition of their responsibility. 2. Negotiating with the prosecutor or court In some cases, it may be possible to negotiate with the prosecutor or court to avoid a warrant of committal. This could involve presenting a viable payment plan or community service proposal, or demonstrating compelling circumstances that make it difficult to pay the fine in full. 3. Seeking a variation of the fine In some cases, it may be possible to seek a variation of the fine based on a change in circumstances. This could involve demonstrating that the defendant's financial situation has changed since the fine was imposed, or that there were mitigating circumstances that were not fully considered at the time of sentencing. 4. Being proactive in addressing the fine Defendants who are proactive in addressing the fine and demonstrating a willingness to pay are more likely to avoid a warrant of committal. This could involve making small payments or working with a financial counselor to manage their debts, as well as staying in communication with the court about their efforts to pay. Overall, the key strategy when dealing with Section 734.7(1) of the Criminal Code of Canada is to demonstrate a willingness to pay and a recognition of responsibility. By being proactive, seeking alternative mechanisms, and negotiating with the court or prosecutor, defendants may be able to avoid the harsh consequences of a warrant of committal and fulfill their obligations under the law.