69. R. v. Rafilovich 2019
Description
R. v. Rafilovich
Judges don’t have to make someone pay a fine equal to the earnings from crime they used (with permission) to pay for their defence, the Supreme Court has ruled.
Date: November 8, 2019
Neutral Citation: 2019 SCC 51
Breakdown of the decision:
Majority: Justice Sheilah Martin allowed the appeal (Justices Abella, Karakatsanis, Gascon, Brown, and Rowe agreed)
Dissenting in part: Justice Michael Moldaver said that, to ensure crime doesn’t pay, Mr. Rafilovich should have to pay back proceeds of crime spent on counsel unless counsel was necessary to protect his right to a fair trial; however because the record wasn’t clear on this point, the case should go back to the sentencing judge to decide (Chief Justice Wagner and Justice Côté agreed)
On appeal from the Court of Appeal for Ontario
Lower court rulings:
Sentencing judgment (Ontario Superior Court of Justice)
Appeal (Court of Appeal for Ontario)
United States
