section 734(8)

INTRODUCTION AND BRIEF DESCRIPTION

This section applies to fines imposed under any Act of Parliament, except in certain circumstances where the term of imprisonment in default of payment is calculated differently or specified as a minimum or maximum.

SECTION WORDING

734(8) This section and sections 734.1 to 734.8 and 736 apply to a fine imposed under any Act of Parliament, except that subsections (4) and (5) do not apply if the term of imprisonment in default of payment of the fine provided for in that Act or regulation is (a) calculated by a different method; or (b) specified, either as a minimum or a maximum.

EXPLANATION

Section 734(8) of the Criminal Code of Canada provides guidance for the imposition of fines under any Act of Parliament. It establishes that this section, along with sections 734.1 to 734.8 and 736, applies to all fines imposed under any federal legislation. However, subsections (4) and (5) of this section do not apply if the term of imprisonment in default of payment of the fine is calculated by a different method or is specified as either a minimum or maximum. This provision is important because it ensures that the procedures for imposing and enforcing fines are consistent across all federal legislation. It also allows for a greater degree of flexibility in determining the length of imprisonment for individuals who are unable or unwilling to pay their fines. In cases where the term of imprisonment is specified as either a minimum or maximum, the court has greater discretion in determining the appropriate sentence, taking into account the circumstances of the offender and the seriousness of the offence. Furthermore, the section ensures that fines are not used as a means of punishing individuals who are unable to pay, as imprisonment for non-payment of fines can disproportionately affect those who are already disadvantaged. Instead, the focus should be on finding alternative methods of enforcing fines, such as community service or payment plans, where possible. Overall, this section helps to maintain consistency and fairness in the imposition of fines across all federal legislation, while also fostering an approach that prioritizes rehabilitation and fairness in sentencing.

COMMENTARY

Section 734(8) of the Criminal Code of Canada is a provision that outlines the circumstances in which different sections of the Code relating to sentencing of fines would apply to different Acts of Parliament. Essentially, this section seeks to establish some consistency around how fines are imposed for offences under various federal laws. The section specifies that it applies to fines imposed under any Act of Parliament, though there are some exceptions. Subsections (4) and (5) of this section do not apply if the Act in question specifies a different method for calculating imprisonment in default of payment of the fine, or if the Act provides for a minimum or maximum term of imprisonment in default of payment. Overall, Section 734(8) is an important part of the Criminal Code that helps to ensure consistency and fairness in the way that fines are imposed for federal offences. By setting out clear guidelines for how different Acts of Parliament should be approached when it comes to imposing and collecting fines, this section helps to prevent confusion and inconsistencies that could lead to injustices or abuses of power. One key benefit of this provision is that it helps to ensure that fines are imposed in a way that is proportional to the offence committed. By providing clear standards for how fines should be calculated and enforced, the Code helps to prevent unjust punishments that could be too harsh or disproportionate to the offence committed. Another important benefit of Section 734(8) is that it helps to ensure that offenders are held accountable for their actions. By imposing fines and other penalties in a consistent and fair manner, the Code helps to ensure that individuals who break the law are held responsible for their actions. This, in turn, helps to uphold the rule of law and maintain public trust in the justice system. Despite its importance, however, Section 734(8) is not without its limitations. For example, the section only applies to fines imposed under federal laws, which means that there may still be inconsistencies in the way that fines are imposed for provincial offences. Additionally, the provision does not address the issue of poverty, which can make it difficult or impossible for some individuals to pay fines. As such, there may be cases where fines imposed under this section are not always effective or equitable. In conclusion, Section 734(8) of the Criminal Code of Canada is an important provision that helps to ensure consistency and fairness in the way that fines are imposed for federal offences. Despite its limitations, this section plays an important role in upholding the rule of law and ensuring that offenders are held accountable for their actions. As such, it should continue to be an important part of the Canadian justice system.

STRATEGY

Section 734(8) of the Criminal Code of Canada is a crucial provision that provides guidance on how fines are imposed and collected under various Acts of Parliament. This provision clarifies that sections 734.1 to 734.8 and 736 of the Criminal Code, which govern the imposition and enforcement of fines, apply to any Act of Parliament that permits the imposition of a fine. As such, any fine imposed under any Act of Parliament automatically falls under the ambit of this provision. One of the strategic considerations to keep in mind when dealing with Section 734(8) is the importance of understanding the different methods of calculating the term of imprisonment in default of payment of the fine. This is because subsections (4) and (5) of the provision do not apply if the term of imprisonment in default of payment of the fine is calculated by a different method, or if it is specified either as a minimum or a maximum. Therefore, it is essential to identify the method of calculation of the term of imprisonment in default of payment of the fine specified in the relevant Act or regulation. Another strategic consideration is to seek legal counsel when dealing with Section 734(8), especially when facing a situation where a default order for imprisonment has been issued due to non-payment of a fine. In such cases, legal counsel can provide valuable advice on the available options for challenging the order and setting aside the imprisonment order. For instance, legal counsel may advise on the possibility of filing an appeal against the conviction or applying for a temporary stay of the imprisonment order while the appeal is pending. In addition, to avoid the default order for imprisonment altogether, one strategy that could be employed is to negotiate a payment plan or request an extension of time to pay the fine. In some cases, it may be possible to negotiate a reduction of the fine or an alternative sentence, such as community service, in exchange for a guilty plea or admission of responsibility. This approach is particularly useful where the person facing the fine is unable to pay the full amount upfront, and imprisonment would pose a significant hardship. Overall, Section 734(8) of the Criminal Code of Canada plays a vital role in the imposition and collection of fines under any Act of Parliament. It is essential to understand the different methods of calculating the term of imprisonment in default of payment of the fine and seek legal counsel when necessary. In addition, various strategies, such as negotiating a payment plan or requesting an extension of time, can be employed to avoid default orders for imprisonment.