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.
Not exact matches
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.
For some areas where there is a lack action — mandatory victim fine surcharge, for example — there seems to be no excu
For some areas where there is a lack action — mandatory
victim fine
surcharge,
for example — there seems to be no excu
for example — there seems to be no excuse.
For example, a recent report states that Canadian National Railways was charged, convicted and fined $ 10,000 ($ 8,00 plus victim fine surcharge) for failing to completely file its financial assurance for a private landfill under the Environmental Protection Act
For example, a recent report states that Canadian National Railways was charged, convicted and fined $ 10,000 ($ 8,00 plus
victim fine
surcharge)
for failing to completely file its financial assurance for a private landfill under the Environmental Protection Act
for failing to completely file its financial assurance
for a private landfill under the Environmental Protection Act
for a private landfill under the Environmental Protection Act...
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 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 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.
He also is prohibited from contacting either of the
victims of the attack and was assessed a
victim fine
surcharge of $ 100
for each of the two charges.
For a first offence, the mandatory minimum sentence is a 12 - month driving prohibition and a $ 1000 fine +
victim fine
surcharge of 30 %.
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.
We have worked with our provincial and territorial colleagues to determine how best to address this issue because we know they rely on the
victim surcharge to assist in funding crucial services
for victims of crime.
What we're saying is that there has to be a 30 %
surcharge on that
for victims of crime, but ultimately, the appropriateness of the fine is determined by the judge.
For this reason, Bill C - 37 proposes to remove the waiver option in order to ensure that the
victim surcharge is applied automatically, as it was intended.
To ensure that the offenders are accountable to
victims for the harm they have done, the
victim surcharge must be meaningful.
Furthermore, in 99 % of the cases where the
surcharge was waived in New Brunswick, reasons
for the waiver were not provided by the court, and no documentation was found showing that the offender had demonstrated that paying the
victim surcharge would cause undue hardship to the offender or his family.
Because the
victim surcharge is used to help fund services
for victims, its payment allows offenders to make reparations to
victims and the larger community.
Environmental Law and Litigation $ 25,000 fine
for unreported waste oil spill Huron District Contracting Limited was fined $ 25,000, plus a
victim fine
surcharge of $ 6,250,
for spilling petroleum hydrocarbons from a waste oil tank.Huron District Contracting does marine construction and excavation near Goderich, Ontario.
Justice Doyon, writing
for himself and Justice Hilton, holds that the criteria
for allowing the respondents to raise the issue of the «
victim surcharge» «s constitutionality are not satisfied.
For one thing, Tinker is no longer the only case in which the «
victim surcharge» was found to be unconstitutional — there is also R. v. Michael, 2014 ONCJ 360, about which I wrote here.
They, in turn, have asked the Québec Court of Appeal
for leave to challenge the constitutionality of the «
victim surcharge» on the basis that infringes sections 7 and 12 of the Charter.
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.
Environmental Law and Litigation London fined $ 20,000
for wastewater plant spill The City of London was fined $ 20,000, plus the 25 %
victim fine
surcharge,
for breaching its Ministry of the Environment approval
for a wastewater treatment plant, contrary to the Ontario Water Resources Act.