Sentences with phrase «victim surcharge»
The phrase "victim surcharge" refers to a monetary fee that is imposed on offenders as part of their punishment. The money collected from this surcharge is used to support and aid the victims of crime, providing them with necessary assistance and services. Full definition
The original 1988 victim surcharge provision required the judge to order the surcharge.
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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.
However, when the judge considered a hypothetical situation (as he was required to do under the s. 12 Charter analysis as set out in Nur) of an offender in a slightly different situation from Mr. Michael he found that a judge who was required to sentence an offender on multiple counts to both jail and probation would be prevented from imposing a fine and would therefore have to impose the statutory amount of $ 100 in victim surcharges for each offence, for a total of $ 900.
Ontario Crown attorney's office calls constitutional challenge of mandatory victim surcharge by Ottawa judges a «brazen and very public insurrection», Ottawa Citizen
One could read recent legislation that reduces judicial discretion in sentencing and victim surcharges as a reflection on the Conservative government's mistrust of the judiciary, which left to its own devices will privilege compassion for perpetrators ahead of justice for victims of crime.
Eckstein also faced a mandatory victim surcharge under s. 737 of the Criminal Code of $ 600, which the sentencing judge gave him 12 months to pay.
Wolff was also fined # 500, ordered to pay # 345 costs and a # 15 victim surcharge too.
Four cases address victim surcharges in criminal cases, and the last is an appeal of the acquittal of a London, Ont.
An Ontario Superior Court judge has upheld the constitutionality of the controversial federal victim surcharge, saying the payment is neither a fine nor a punishment but merely a consequence of getting a conviction.
The fairest way to put this into play would be to create a fund plenished through victim surcharges assessed as part of sentencing in criminal courts, seized proceeds of crime and other earmarked fines levied by the province / feds for quasi criminal / criminal activity.
Harper said in a year - end interview with Postmedia he is determined to bend the justice system to his view that victim rights must be at its centre, saying he intends to make changes to appointments to the bench in order to ensure measures like the maligned victims surcharge fee on offenders are imposed.
A $ 40,000 victim surcharge fine, standard in such cases, was also levied, says The Real Estate Council of Ontario (RECO).
The validity of the mandatory victim surcharge provisions implemented by the federal government is facing a potential challenge in the Ontario Court of Appeal.
An additional 25 % victim surcharge under the Provincial Offences Act was imposed.
[86][87] Harman was fined # 350, ordered to pay # 70 costs, a # 15 victim surcharge and had three points added to her licence.
Both the lawyer and the defendant appeared relieved until the judge read out the costs: # 57 compensation to the shop; # 85 crown prosecution costs; # 15 victim surcharge and # 150 criminal courts charge.
The Sentencing Council providing guidelines for judges and chaired by Lord Justice Treacy also cautioned MPs that: «If the offender has insufficient resources to pay the total amount, the order of priority is: compensation; victim surcharge; fine; costs.
She was fined # 73, ordered to pay a # 150 criminal courts charge, # 85 costs, a # 20 victim surcharge, and 75p compensation.
The Crown urges that so long as Mr. Michael is unable to pay the victim surcharge, for example, it is unrealistic to imagine him undertaking licenced activities, and so he will not be affected by the collection strategy available under Criminal Code section 734.5 of refusing to give or renew licences and permits to him until a victim surcharge debt is discharged.
Reducing all of this to a less ethereal plane, the point is that so long as Mr. Michael fails to pay the victim surcharge he remains indebted and criminalised.
The Crown also points out that it will not be victim surcharge that impairs his credit rating.
In the case of victim surcharges, imposing unpayable monetary penalties is a legislatively accepted consequence.
If Mr. Michael can pay that sum he can pay the victim surcharge.
The Court of Quebec sentenced Boudreault to imprisonment for 36 months and ordered him to pay a victim surcharge of $ 1,400, with the majority rejecting Boudreault's argument that the victim surcharge provided for in s. 737 of the Criminal Code infringed s. 12 of the Canadian Charter of Rights and Freedoms.
The RCMP found quantities of alcohol in his vehicle in excess of applicable limits, and issued him a fine of $ 240 plus administrative fees and the victim surcharge levy.
Perhaps the Minister is actually well aware that judges» decisions not to impose the victim surcharge in reality were based on findings that the offender could not pay?Perhaps the Minister and his Secretary are not actually out of touch with reality?
Rather, it is quite simply what the Crown has described it to be, which is a sum of money established to be a consequence of breaking the law,» Justice Bruce Glass said in the first Superior Court ruling that dealt with the merits the victim surcharge.
Trevor Brown, the president of the Defence Counsel Association of Ottawa, says the decision is silent about R. v. Michael, a Provincial Court ruling which last year found the victim surcharge is «a roving punishment» that's both «cruel and unusual.»
He added: «The victim surcharge set out in s. 737 of the Criminal Code of Canada does not fall into the category of bad law.»
[26] I am also persuaded that the effect of the victim surcharge discriminates against the mentally disabled.
Even if the victim surcharge was a fine or punishment, it would not be «grossly disproportionate» in the case before him, Glass found.
Bennett found that Chambers» tweet was «of a menacing nature in the context of the times in which we live» and ordered him to pay a # 385 fine, a # 15 victims surcharge and # 600 in costs.
The same judgment rejected Mr. Boudreault's arguments to the effect the victim surcharge provided for in s. 737 of the Criminal Code infringed s. 12 of the Charter.
The Court of Québec sentenced Mr. Boudreault to 36 months and ordered a victim surcharge of $ 1,400.
Criminal lawyers had chided the previous government for its mandatory minimum sentences and victim surcharge.
The charge is imposed on top of fines, compensation orders, victim surcharges and costs.
Some magistrates reported reducing prosecution costs, victim surcharge and fines in order to compensate for the mandatory criminal court charge.
The Court found, however, that as it could choose to impose nominal fines in addition to jail or probation for Mr. Michael, the victim surcharge did not constitute cruel or unusual punishment in his particular circumstances.
The Court found that the imposition of $ 900 in victim surcharges would be cruel and unusual punishment and therefore declared s. 737 of the Code to be of no force or effect.
The cumulative amount of his victim surcharges would have been $ 900 if no fines had been imposed as part of his sentence.
In other words, the judge found that it was open to him to impose a fine of as little as one dollar on each count, reducing the victim surcharge to virtually nothing.
A 25 % victim surcharge under the Provincial Offences Act was also imposed.
Since the accused paid full restitution, the Court declined to order the probationary period contemplated by the JSR but did impose a list of conditions on the Appellant (in addition to those set out in s. 742.3 (1) of the Criminal Code), including 200 hours of community serve and payment of the victim surcharge of $ 200.
The penalty to motorists could be significant as the set fine is $ 110, including a $ 20 victim surcharge and $ 5 court fee.
The set fine for the driver or passenger who doors a cyclist is $ 365, including a $ 60 victim surcharge and $ 5 court costs, and three demerit points, a substantial increase from the previous $ 85 fine plus court and victim fees and two demerit points being added to the driver's tally, he says.
Allowing offenders to discharge the victim surcharge by participating in fine option programs would ensure that all offenders are held accountable for their actions.