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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