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

In [https://www.canlii.org/en/ca/scc/doc/2018/2018scc58/2018scc58.html?searchUrlHash=AAAAAQAOciB2IGJvdWRyZWF1bHQAAAAAAQ&resultIndex=2 ''R v Boudreault'', 2018 SCC 58], the Supreme Court of Canada considered the constitutionality of section 737 of the ''Criminal Code'', which removed any judicial discretion to waive the Victim Fine Surcharge. The court ruled that a mandatory victim surcharge amounted to cruel and unusual punishment contrary to section 12 of the ''Charter'' and that “its impact and effects create circumstances that are grossly disproportionate to what otherwise would be a fit sentence, outrage the standards of decency, and are both abhorrent and intolerable.” The court decided that section 737 was not justified under section 1 of the ''Charter'' and declared that section 737 was of no force or effect. As a result, the courts have discretion to waive the surcharge in appropriate circumstances. The primary reason for waiver of the surcharge is lack of ability to pay.