Is your client facing a significant mandatory minimum fine under the Compulsory Automobile Insurance Act? What about under the Highway Traffic Act? There are several provincial statutes that require an individual or corporation convicted of an offence to pay a mandatory minimum fine. When faced with a mandatory minimum fine in Provincial Offences Court that would impose undue hardship on your client, section 59(2) gives counsel a powerful sentencing tool.
Minimum Fines and Section 59(2): What They Are and Where They Come From
The tool is found in section 59(2) of the Provincial Offences Act, R.S.O. 1990, c. P.33, which permits the court discretion to impose a lesser fine or suspend the sentence provided “exceptional circumstances exist” such that the imposition of the minimum fine would be unduly oppressive or otherwise contrary to the interests of justice. It applies only where the offence provision explicitly declares a minimum penalty. Set fines do not constitute minimum fines. For instance, the amount of fines for speeding under s.128(14) of the Highway Traffic Act are fixed. The courts have no discretion to reduce these fines.
A prosecutor does not have the authority to reduce a mandatory minimum fine; only the presiding justice has the discretion to grant relief under section 59(2). However, that said, counsel can inquire with the prosecutor to determine whether submissions for relief will be on consent or opposed. This will assist counsel to plan more effectively for sentencing, including estimating how much court time will be needed and determining the scope of supporting documents or evidence that should be prepared.