I don't often get the opportunity to sit in courtrooms anymore, but a couple of weeks ago, I was in Smithers to cover a sentencing on contempt of court charges.
In this particular case, arguments by both the Crown and the defence centred around the primary sentencing principles, denunciation and deterrence.
The principle of denunciation simply sends a message to the offender and society at large that the actions taken were wrong.
Deterrence is intended to discourage the offender and others from committing the same crime.
Many factors influence crafting a just sentence, including an individual's personal circumstances, moral culpability, the severity of the offence, and past criminal record.
Considering these, the overriding principle of sentencing is proportionality. An individual should not receive a more or less severe penalty than others under similar circumstances.
This works more or less pretty well for criminal offences for which a person's freedom is on the line. But what about lesser crimes, such as speeding, for which a typical sentence is a fine?
Two European countries, Finland and Switzerland, have implemented a fine system based on a different kind of proportionality.
In Finland, the minimum fine for speeding is 115 Euros (approximately $150), a significant deterrent for low-income people. For Anders Wiklöf, the richest person in Finland's Aaland Islands, it is a paltry amount that could hardly be characterized as a deterrent.
However, Finland has a progressive fine system based on the offender's ability to pay. When Wiklöf was stopped for driving 82 km/hr in a 50 zone, the fine was the equivalent of $129,000.
Apparently, even that might not be an effective deterrent for someone as rich as Wiklöf considering he had previously been fined $102,000 and $68,000 for speeding, but somehow it seems fair that at least he felt the pinch in his wallet.
He said he hoped the money would go toward healthcare and be used to care for older people.
This is a great idea. For a punishment to be effective, it actually has to mean something to the person being punished. The money raised could certainly be put toward good use.
According to Research Co., a Canadian public opinion research organization, Canadians are open to a progressive punishment system for traffic violations.
A 2023 poll indicated 65 per cent of Canadians support fines geared to income for speeding. Support was highest in B.C. and Quebec (69 per cent).
You can probably guess which demographic was opposed (24 per cent).