You’ve been charged. Maybe it’s theft, fraud, or assault. You’re trying to understand the penalties—jail, probation, a record. But then the Crown brings up restitution. It sounds simple enough—paying someone back. But if you’ve never dealt with the criminal court system before, what follows is anything but.
Restitution can turn a criminal sentence into a long-term financial burden. It can affect your credit, your employment, your future. And unlike fines, which go to the government, restitution is personal and enforceable in civil court.Â
At Jaswal & Krueger, we help clients across British Columbia understand and respond to restitution orders—before they spiral into something unmanageable.
What Is Restitution, Really?
In Canadian criminal law, restitution refers to a court order requiring the offender to compensate the victim for readily ascertainable financial losses caused directly by the offence. It’s not a symbolic gesture. It’s not about punishing you twice. It’s about money—money the court may say you owe, even if your conviction didn’t come with jail time.
Restitution can include:
- Repair or replacement of damaged property
- Lost income due to missed work or medical treatment
- Therapy bills tied to bodily or psychological harm
- Replacement of identity documents in fraud cases
- Emergency child care or temporary housing costs
But it’s not a blank cheque for the victim. The loss must be proven, specific, and tied directly to the offender’s crime—not assumed or exaggerated.
When Is Restitution Likely to Be Ordered?
Restitution isn’t limited to high-dollar white-collar crimes. It shows up in routine charges every day:
- Shoplifting or break-and-enter
- Assault that results in out-of-pocket medical costs
- Mischief (vandalism, property damage)
- Fraud—especially when the court needs to unravel involved commercial transactions
Since the Canadian Victims Bill of Rights (S.C. 2015, c. 13, s. 2) came into force, courts are required to consider and potentially order restitution at sentencing. That doesn’t mean it’s automatic—but it does mean it’s on the table in nearly every case where a victim claims a financial loss.
And here’s the part many people miss: the court can issue a stand alone restitution order. That means even if you avoid jail or a record, you may still walk out with a significant financial obligation—enforceable in civil proceedings if unpaid.
Can the Court Order You to Pay If You Can’t Afford It?
They can try. And often, they do.
Technically, the court is required to assess the offender’s financial means and offender’s ability to pay. That includes your income, your debts, your family obligations, and your overall capacity. But in practice? Some decisions are made on assumptions or partial information. Others don’t account for long-term financial reality.
At Jaswal & Krueger, we don’t just argue against restitution when it’s inappropriate—we bring forward the full context of your life. Your household, dependents, credit history—they’re not just side notes. They’re central to ensuring a fair and appropriate sentence.
How We Help You Handle Restitution
1. We Test the Claim
Restitution has to be based on actual losses—monetary damages incurred, supported by receipts, statements, or documented proof. If it’s speculative or inflated, we push back. That includes questionable therapy costs, vague income loss, or claims better suited to civil court.
This is especially important when restitution is sought in cases involving physical injury or psychological harm, where the costs can easily be overstated or misrepresented.
2. We Negotiate Manageable Outcomes
If the criminal court decides restitution is necessary, we fight to keep it reasonable—and structured. That could mean payment over time, tying it to a probation order, or requesting an appropriate mechanism to avoid hardship. Whether the goal is reduction, delay, or discharge, we present the facts that support a fair outcome.
3. We Protect Your Future
Unpaid restitution doesn’t just disappear. Restitution victims can register the debt in civil court, turning it into a civil judgment. That opens the door to civil enforcement—wage garnishment, liens on property, and serious damage to your credit rating.
Our job is to help prevent that—before it starts.
Common Questions About Restitution
Can restitution land me in jail?
Not directly. But if you’re under a probation order and don’t pay—without making reasonable steps—the court may view that as a breach, which can lead to custody.
What if I’m dealing with the same offence as someone else, but they didn’t have to pay restitution?
Restitution isn’t always consistent. Judges weigh factors like victims of crime, financial impact, and the appropriate sentence for each offender. That said, disproportionate treatment can be challenged.
When Restitution Gets Complicated
Even straightforward cases can produce complicated restitution claims—especially those involving seeking restitution for losses that aren’t clearly connected to the offence. In more complex files, such as business fraud or cases involving property disputes, courts may be asked to unravel complicated commercial transactions—something that should often fall under civil court jurisdiction, not criminal.
Sometimes, victims attempt to recover compensation for matters far beyond the criminal code offence. Other times, claims are based on events that occurred during a chaotic moment—like an attempted arrest—where damages and liability are far from clear.
In these moments, experience counts. That’s where we step in.
