What is the test for discretion to relieve against a minimum fine?
Ontario, Canada
The following excerpt is from Ontario (Environment, Conservation and Parks) v. Henry of Pelham Inc., 2018 ONCA 999 (CanLII):
Nevertheless, some general principles are clear. First and foremost, as with any discretionary authority, the discretion to relieve against a minimum fine on the basis that it would not be in the interests of justice to impose the fine cannot be exercised arbitrarily. Discretionary powers must be exercised having regard to the purpose of the relevant legislation and the purpose of the discretion in particular: Roncarelli v. Duplessis, 1959 CanLII 50 (SCC), [1959] S.C.R. 121.
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