Supreme Court to look at constitutionality of victim surcharges

The Quebec Court of Appeal rejected Boudreault’s challenge of that ruling last year.

The Supreme Court, as usual, gave no reason for agreeing to hear to hear the case.

The federal victim surcharge, imposed on offenders at the time of sentencing, is used by provinces and territories to help fund programs and services for victims of crime.

The surcharge has existed for decades. But under changes brought in four years ago by the previous Conservative government, judges lost the discretion to waive the fee for offenders who genuinely cannot pay.

The Conservative move had prompted something of a revolt at the lower court level. Judges in a number of provinces either refused to impose the surcharge for impoverished offenders, gave them a payment deadline decades into the future or levied fines so small that the surcharge amounted to nickels and dimes.

In turn, several appeal courts overruled those decisions.

The amount of the victim surcharge is 30 per cent of any fine that is imposed on an offender. If no fine is levied, $100 is charged for a summary conviction offence or $200 for an indictable offence. The money is paid into provincial and territorial assistance funds to develop and provide programs, services, and assistance for victims of crime.

The amount may be increased if the court is satisfied that it is appropriate in the circumstances and that the offender has the ability to pay the increased amount.

Some defence lawyers complained that the surcharge produced a two-tier system divided between those who can afford the surcharge and those too poor to pay.

Last October, Justice Minister Jody Wilson-Raybould introduced legislation that would again give judges discretion to waive the charge if an offender is truly unable to pay. It awaits second reading in the House of Commons.

The legislation would authorize a sentencing court to exempt payment of the surcharge if an offender applies for a waiver and demonstrates that payment would cause undue hardship. The bill makes clear that undue hardship relates to the financial inability to pay for reasons such as unemployment, homelessness, and significant financial obligations to dependants.

The Canadian Press

by Canadian Press

Supreme Court to look at constitutionality of victim surcharges

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