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Difference between revisions of "Resolving Criminal Matters Prior to Trial (1:VI)"
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Resolving Criminal Matters Prior to Trial (1:VI) (view source)
Revision as of 04:29, 23 November 2019
, 04:29, 23 November 2019no edit summary
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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. | 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. | ||
{{REVIEWED LSLAP | date= July 18, 2019}} | |||
{{LSLAP Manual Navbox|type=chapters1-7}} | {{LSLAP Manual Navbox|type=chapters1-7}} | ||