R. v. Falt, 2014 NSPC 38

Provincial Court of Nova Scotia Citation: R. v. Falt , 2014 NSPC 38 Date: 2014-06-11 Docket: 1333503, 1333504, 1690175, 1786936, 1798978, 1805169, 1825382, 1946515, 2507853, 2507854, 2507859, 2584458, 2603619, 2677590, 2725021 Registry: Pictou Between: Her Majesty the Queen v. James George Peter Falt DECISION ON APPLICATION TO SERVE DEFAULT TIME Revised Decision: Judge : Footnote 3 should read [2013] N.J. No. 8 . This decision has been corrected on July 2, 2014 and replaces the previously released decision. The Honourable Judge Del W.

Atwood Heard: 11 June 2014 in Pictou, Nova Scotia Sections: Sections 734 - 737 of the Criminal Code of Canada Counsel: Edward J. (Jody) McNeill, for the Nova Scotia Public Prosecution Service Douglas Lloy, for James George Peter Falt By the Court: [ 1 ] James George Peter Falt was sentenced by me on 1 May 2014 to an 18-month term of imprisonment after having pleaded guilty to charges under the Criminal Code . [ 2 ] Mr. Falt has an extensive record going back over a decade for an array of offences, mostly under the Criminal Code , but also under the federal Fisheries Act and the provincial Motor Vehicle Act. Mr.

Falt has accumulated $5,325.50 in outstanding fines, and wishes to clear those off by serving the default time as he is already in prison and will be there for some while. His application to serve time in default is opposed by the prosecution. I decline to grant Mr. Falt’s application; these are my reasons. [ 3 ] The prosecution has provided the court with the very well reasoned decision of my colleage Sherar J.P.C. in the unreported decision of R. v.

Gerrior, Vanheighten, Izzard, Thompson and Young. [1] Indeed, it is entirely on point, as it underscores the fact that imprisonment in default of fine payment is regarded rightfully as the last option for enforcement, imposed only when an offender’s refusal to pay a fine levied as a sentence amounts essentially to a contempt of court. [2] [ 4 ] As my colleague pointed out in Gerrior et al ., s. 736 of the Code allows for a fine to be settled by earning credits for community-improvement service. Fine extensions or modifications may be granted under s. 734.3.

Collection through civil enforcement is available to the state under s. 734.6. Partial payments may be made by an offender under s. 734.8. The

section 7 of the

Summary Proceedings Act incorporates most of these provisions—with the exception of the fine-option program—so that alternatives to time-in-default exist amply in relation to fines imposed for provincial-statute offences. Warrants of committal may be issued only when non-custodial means of collection have been exhausted, and only when the court is satisfied that an offender has unreasonably refused to tender payment. [ 5 ] Gerrior et al. refers usefully to two decisions out of the Provincial Court of Newfoundland and Labrador: R. v. O’Keefe [3] and R. v.

Rowsell . [4] In Rowsell , Howe J.P.C. noted that, up until 1996, the Criminal Code provided as follows: Notwithstanding subsection (7), where, before the expiration of the time allowed for payment, the accused appears before a court and signifies in writing that he prefers to be committed immediately rather than to await the expiration of the time allowed, the court may forthwith issue a warrant committing the accused to prison. [5] [ 6 ] No such provision exists now in the Criminal Code . [ 7 ] As the receiver of fines under s. 734.4 of the Code , it is for the state to decide how best to collect the monetary obligation represented by a fine, short of seeking a warrant of committal.

Further, as Cory J. noted in R. v. Wu : “One of the ideas underlying the 1996 sentencing reforms is that it was no more appropriate to use jail as a collection agency for debts owed to the Crown than it is for debts owed to ordinary citizens.” [6] [ 8 ] As no statutory provision exists to allow Mr. Falt to serve his default time merely upon his signification in writing his wish to do so, and as the prosecution has not initiated proceedings seeking a warrant in default, the application is not granted.

JPC.