How have courts interpreted the fine in lieu provisions of the Criminal Code?
Ontario, Canada
The following excerpt is from R. v. Ireland, 2021 ONCJ 159 (CanLII):
58. R v. Lavigne[xv] is the leading case on the interpretation and application of the fine in lieu provisions of the Criminal Code. While the decision to impose a fine in lieu is discretionary, an offender’s ability to pay should only be considered in determining the time within which the funds are to be paid and should not to be considered in determining whether to make the order or in its amount. As indicated at paragraph 45 and following, ability to pay will come into play when the time provided for payment of the fine has expired and prior to the issuance of a warrant of committal under section 734.7(1)(b).
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