R v Dixon

canada, canadian, case law, court opinion, canlii, skca, 2026skca95, 2026 skca 95 (canlii), 2026, skca, 95, (canlii), cacr3825, 2026, criminal and statutory offences, sentencing, proceeds of crime, criminal code, s. 462.37, identity theft, fraud, use of forged documents, impersonation, restitution order and fine in lieu of forfeiture imposed after guilty pleas, fine equal to unrecovered proceeds with time to pay, imprisonment in default ordered consecutively, appeal dismissed, statutory interpretation, criminal code, proceeds of crime, criminal code, s. 462.37(3), meaning of “may” and “limited discretion”, whether sentencing court can decline a fine in lieu of forfeiture, r v lavigne, r v rafilovich, r v vallières, r v nguyen applied, fine as substitution for unavailable forfeiture, appeal dismissed, indigenous peoples, sentencing, gladue factors, criminal code, s. 718.2(e), whether gladue principles are compatible with discretion under s. 462.37(3), forfeiture regime objective to deprive offender of proceeds and deter reoffending, whether indigenous experience can justify refusing fine in lieu, gladue not directly applicable to fine decision, appeal dismissed, criminal and statutory offences, sentencing appeal, fine in lieu of forfeiture, whether sentencing judge erred in principle by imposing fine and default imprisonment, no discretion to reduce quantum once fine ordered, r v vallières, mandatory minimum default term based on fine amount, criminal code, s. 462.37(4)(a)(vi), no basis to interfere with discretionary decision to impose fine, appeal dismissed