Justice Peter Lauwers, of the Court of Appeal, was presiding in the case of Toronto resident Keith Jaques, who had requested more time to appeal fines dating back to 2007 and totaling more than $10,000, for driving with a suspended licence and without insurance.
Lauwers dismissed Jaques’ motion, given the passage of time between the convictions and the present, but not without signaling that it might be time for a change in the legal system’s approach.
“The legislative scheme offers no way out for people who are impoverished, dealing with health issues or other difficulties, and who bear the burdens of these enormous fines for many years,” Lauwers wrote in a decision released late last month that he had “great sympathy” for Jaques’ plight.
“It is most unfortunate that there is no process in the system for commuting old and backbreaking fines for people who have little prospect of paying them, and whose lives are being ruined. Perhaps it is time to consider a quasi-bankruptcy scheme for people in Mr. Jaques’ unfortunate position.”
Brendan Crawley, a spokesperson for the Ministry of the Attorney General, said the government is aware of the judge’s statements and “is considering the matter.” He said those who are unable to pay the full amount can apply for a payment plan to pay defaulted fines off over time. (Jaques says he has had to ask for numerous extensions to pay over the years.)
Jaques, 45, represented himself throughout the process. In his affidavit filed with the court and in an interview with the Star, he explained that he was a totally different person when the fines were first imposed.
“I didn’t even show up to court (in 2007) because I was a mess,” he told the Star. He said he was struggling with alcoholism and didn’t properly understand the legal system because of his mental state.
He became sober in March 2008, and in December that year succeeded in having the fines reduced on appeal by an Ontario Court judge.
But he says the fines were still too high for him to pay. In his affidavit, he says he had no idea he could have appealed to a higher court. He only learned recently that he could, through someone at Alcoholics Anonymous.
Lauwers’ ruling raises important issues worthy of further discussion, say legal observers, including changing legislation to allow for judges to reconsider a person’s fines at a later time, as well as access to the justice system for those who have mental or other health issues.
It also highlights the barriers people face when they are unable to pay their fines. Ontario had almost $1.4 billion in defaulted provincial offences fines as of Dec. 31, 2014, according to the attorney general’s office.
“It is an interesting idea that I am sure the government will look at,” said lawyer and former deputy attorney general Murray Segal, referring to the quasi-bankruptcy scheme.
Antonietta Raviele, a lawyer who formerly served as a Crown attorney, said a quasi-bankruptcy scheme raises several key questions, such as: How long would the bankruptcy last? And would this potentially be seen as a message for people to simply avoid paying their fines?
“Maybe there should be a further ability for the court to review the fine later on,” she said, rather than implementing a whole new system.
It would appear that legislation allows for the possibility of a fine reduction in some cases.
The Provincial Offences Act says a person can be ordered to appear before a justice of the peace after defaulting on their payments and, potentially, have the fines lowered in “exceptional circumstances.”
“The system, while awkward, does provide for some relief of payment of fines,” said Criminal Lawyers Association president Anthony Moustacalis.
Jaques, who works in a factory, said he has tried to pay the fines when he can, but at this rate he believes he’ll be paying for at least 10 more years.
He’s been unable to get a criminal record suspension — he said he served 90 days on an assault charge resulting from a bar fight when he was in his 20s — which has prevented him from applying for a number of other jobs.
“It’s a vicious cycle,” he told the Star. “I can’t get a better paying job to pay my fines off. I can’t go forward with my life until these fines are paid.”
Jaques acknowledges he was in the wrong when he was convicted. He said he was hoping Lauwers would reduce the fines further or order him to do community service as a way of eliminating them. He said he’d be interested in talking to young people about alcoholism, something he said he did at a youth camp last summer.
When Lauwers first delivered his decision, Jaques said, he cried.
“But after I read the ruling, I felt proud of what I had accomplished,” he told the Star. “Even though I didn’t win, I still felt proud because I went there. I fought it. I tried.”
Source: thestar.com/
Author: Jacques Gallant
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