actually, it was the judge based on the fact that
[89] I am mindful that $10,000 in fines for a person who makes $288,500 a year in income is not the same as $10,000 in fines for a person earning British Columbia's minimum wage of $16.75 per hour, never mind a person such as Ireland, who is currently reporting an annual income of $81,904 and who has three children to support and considerable financial liabilities.
[90] Most reported sentencing cases tell readers what the dollar amounts of fines imposed are but do not express the fine amounts as a percentage of annual income or the offender's net worth.
[91] In my view, the better way of determining financial penalties is to express the dollar amounts as a percentage of annual income and, in the best-case scenario, also as a percentage of the offender's net worth. In doing so, real meaning is given to the dollar amounts imposed as fines. Fines then have the same impact on all offenders, regardless of income or net worth. It also puts teeth into general deterrence, as others can know that fines imposed represent a percentage of income and assets instead of just a randomly selected number.
[92] Given what defence counsel submitted on behalf of Ireland and his current financial situation, I am satisfied that he can pay the $10,000 in fines requested by the PPSC. Still, he will require significant time to do so.
[93] Ireland's current income is $81,904 per annum. So, in reality, the PPSC is seeking a financial penalty representing just under one and a half months’ gross income for Ireland or 12.2 percent of his gross annual income. Even if he could pay $682.53 per month, representing ten percent of his monthly gross income, towards the $10,000 in fines, Ireland would take approximately 14.6 months to pay it. However, given his current financial situation, it is unrealistic to expect Ireland to find $682.53 each month to pay towards the fines.
[94] How, one asks, can a fine be fair or act as general deterrence for others without considering the income and circumstances of the person being penalized? The impact of a $10,000 fine on a person in Ireland's current situation is different than that of a $10,000 fine on a person making British Columbia's minimum wage, never mind a person making $288,500 a year or a corporation with assets and significant annual revenue. By viewing the fine as a percentage of income and net worth, true parity in sentencing can be achieved, and tangible meaning can be given to general deterrence.
