What is restitution in Canadian criminal law?
Restitution is a court order under Criminal Code s.738 requiring a convicted offender to compensate a victim for the value of property lost or damaged, or for pecuniary damages (including lost income and medical costs) arising from bodily harm. It is part of the sentence, separate from any civil lawsuit.
Does restitution cover pain and suffering?
No. A restitution order is limited to readily ascertainable pecuniary loss, such as the replacement value of stolen property, repair costs, medical expenses, and lost income. Non-pecuniary damages like pain and suffering must be pursued in a civil action.
What if the offender cannot pay restitution?
The court considers the offender's ability to pay, but under s.739.1 inability to pay is not a bar to making an order. An unpaid restitution order can be filed as a civil judgment and enforced through normal civil collection methods.
Can I get both restitution and a civil judgment?
You can pursue both, but you cannot recover the same loss twice. Any restitution actually paid is credited against a civil award for the same loss. Restitution is faster and free, but civil court allows recovery of a wider range of damages.