The validity of
the mandatory victim surcharge provisions implemented by the federal government is facing a potential challenge in the Ontario Court of Appeal.
I find, however, that I can not agree with his conclusion that
the mandatory victim surcharge in s. 737 is cruel and unusual punishment that is in breach of the Charter.
Ontario Court of Justice Judge Westman recently commented publically on the new
mandatory victim surcharge.
Not exact matches
In a previous entry, I discussed the imposition of a
mandatory victim fine
surcharge in reference to the conservative party's tough on crime agenda.
For some areas where there is a lack action —
mandatory victim fine
surcharge, for example — there seems to be no excuse.
Criminal lawyers had chided the previous government for its
mandatory minimum sentences and
victim surcharge.
Some magistrates reported reducing prosecution costs,
victim surcharge and fines in order to compensate for the
mandatory criminal court charge.
The
mandatory victim fine
surcharge was first brought into effect by the Harper government on October 24, 2013.
Sarah Leamon in The Georgia Striaght: Marginalized Canadians suffer unjustly with
mandatory victim fine
surcharges
For a first offence, the
mandatory minimum sentence is a 12 - month driving prohibition and a $ 1000 fine +
victim fine
surcharge of 30 %.
Topics that will be covered include civil forfeiture proceedings and charter violations; police - issued process and warrants; expert evidence in drug cases; bail reviews; video testimony; recanting witnesses; pre-trial credit,
victim fine
surcharges;
mandatory minimums; bail reviews; new issues in drinking and driving laws and pardons.
Recent pronouncements from the Ontario Court of Appeal overturning some
mandatory minimum sentences and extraordinarily frank outbursts from some trial judges on the madness of
mandatory victim fine
surcharges (often levied against the homeless, destitute and mentally ill) have set the stage for what is sure to be an interesting 2014 docket.