In R v Henry of Pelham Inc.,1 the minimum
fine was abrogated twice. The Justice of the Peace ("JP")
and judge on appeal each awarded different fines, which were less
than the statutory minimum. The third time, the Ontario Court of
Appeal ("ONCA") varied the sentence again, imposing the
minimum fine prescribed by the Ontario Water Resources Act
("OWRA").2
Jurisdiction to Abrogate a Minimum Fine
The Provincial Offences Act
("POA"),3 s. 59(2), allows a court to
impose a fine less than the statutory minimum where the court is of
the opinion that "exceptional circumstances exist so that to
impose the minimum fine would be unduly oppressive or otherwise not
in the interests of justice".4 Courts have held
that the magnitude of the fine must be proportional to the nature
and seriousness of the offence, the background of the offender, and
to the offender's ability to pay.5
