Restitution orders part of overall sentence

R. v. Castro, 2010 ONCA 718, released today online, reviews the legal principles involved in a restitution order:


[35]           To summarize, a restitution order is simply part of the determination of an overall fit sentence, and general sentencing principles apply.  While consideration of the offender's ability to pay and the impact of a restitution order on an offender's rehabilitation are factors to be considered, the weight to be given to these factors will vary depending on the nature of the offence and the circumstances of the offender.  When the offence involves a breach of trust, a primary consideration is the effect on the victim; rehabilitation is a secondary consideration.  Furthermore, consideration of the ability to pay includes the ability to make payment from the money taken as a source of restitution.