Difference between revisions of "Resolving Criminal Matters Prior to Trial (1:VI)"

Resolving Criminal Matters Prior to Trial (1:VI) (view source)

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 The surcharge will be at 30 percent of any fine imposed on the offender. Where no fine is imposed, the surcharge will be $100 for offences punishable by summary conviction and $200 for offences punishable by indictment. In addition, the judge will retain the discretion to impose an increased surcharge where the circumstances warrant and the offender has the ability to pay.
-Previously, sentencing judges had the discretion to waive the victim surcharge when it could be demonstrated that its payment would cause undue hardship to the offender or his/her dependents. This legislation removes the waiver option to ensure that the victim surcharge is applied in all cases without exception. However, the legislation has been found unconstitutional and many judges are no longer imposing the victim fine surcharge where it would be a financial hardship.
+Previously, sentencing judges had the discretion to waive the victim surcharge when it could be demonstrated that its payment would cause undue hardship to the offender or his/her dependents. This legislation removes the waiver option to ensure that the victim surcharge is applied in all cases without exception. However, the legislation is currently being reviewed by the Supreme Court of Canada to determine whether or not it complies with the Constitution, and many judges are no longer imposing the victim fine surcharge where it would be a financial hardship.
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