C-11 - Charter of the French language

Section 208.4.3 Disposition versions

2022-06-01

208.4.3. In determining the penalty, the judge takes into account the following aggravating factors, among others:

(1)  the seriousness of the harm or the risk of harm to human safety;

(2)  whether the offender acted intentionally or was negligent or reckless;

(3)  the foreseeable character of the offence or the failure to follow recommendations or warnings to prevent it;

(4)  the offender’s attempts to cover up the offence or failure to try to mitigate its consequences;

(5)  whether the offender intended to obtain an increase in revenues or a decrease in expenses by committing the offence or by omitting to take measures to prevent it; and

(6)  the offender’s failure to take reasonable measures to prevent the commission of the offence or mitigate its consequences despite the offender’s ability to do so.

2022, c. 14, s. 118.