Context & Background
The Contraventions Act provides the federal government with a mechanism to enforce federal statutory offences through ticketing procedures, reducing the need for prosecution under the summary conviction process outlined in the Criminal Code. This approach reduces the impact on offenders, lessens the burden on the justice system, and conserves court resources. The Department of Justice Canada (JUS) oversees the implementation of this regime through the Contraventions Act Program.
In 2021, a JUS evaluation highlighted the need for a systematic review of fine levels issued under the Contraventions Act to ensure that it achieves its intended objectives regarding offender behaviour. In this context, JUS is interested in developing an evidence-based framework for determining fine amounts that act as effective deterrents while minimizing the risk of appeals and legal challenges. Achieving the correct balance is critical for the efficacy of the Act: fines that are too low may fail to deter non-compliance, while excessively high fines may provoke systematic legal challenges, undermining the effectiveness of the Act.
JUS collaborated with the Behavioural Insights Team (BIT) to conduct a review of academic and gray literature through a behavioural science lens. This review was guided by several key questions:
- What does the academic and gray literature say about setting optimal fine amounts?
- How do policy makers strike a balance so a fine has a deterrent effect (e.g., it isn’t so low that it’s treated as a cost of doing business), but is not so high that there are legal challenges?
- To the extent that evidence on the topic is available, how do appropriate fine levels and fine-setting approaches vary by demographic group (e.g., people with a racialized or Indigenous identity, persons with disabilities, income level, etc.)?
- What are the strengths and weaknesses of the evidence on the different factors that need to be considered when setting optimal fine amounts?
- How can we categorize the factors based on the strength of evidence from strongest to weakest?
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