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dovan · Mar 10, 2011, 08:57 PM

The scenario; In Canada the province of Ontario... if one is sentence to serve time in jail for a criminal case then placed on probation for a length of time as well as ordered to pay restitution by a certain time frame. That person has served their time in jail and is now finished probation but has not paid the restitution ordered for many factors. Those being the person has issues obtaining full time work that is long term, due to his past criminal record, lack of education, and health issues such as ADHD with severe conduct disorder. Although this person has stayed out of trouble with the law since being released from jail... the only issue is the restitution here. My question is can the courts order him to do more jail time if he has not paid such restitution with the reasons I have just mentioned. It is not that he does not wish to pay it it is because he does not have the means to pay such restitution of 5k. This was a young person when first imprisoned just 18yr of age.

I have been told that he can ask for a non-reporting probation and to commit to at least paying a small amount towards this restitution per month until it is done and he will not be sent off to jail.

Fr_Chuck · Mar 10, 2011, 08:59 PM

I can answer for here in the US, if the probation officer violates them, they will have to present their case to the judge, perhaps prove and show how they are looking for work, how they have tired to pay back

dovan · Mar 10, 2011, 09:25 PM

He did have another smaller restitution that he paid off and has the receipts for that.. but just could not afford to pay this one off at all. In the last three years his total income for those years was less than 15k. He has been working with Doctors for the proper medication for his illness as well he also is attempting to get his Gr 12 education only 3 credits left... all good point to bring forth to a judge I feel