A man walks pass the Supreme Court of Canada in Ottawa on Thursday, Nov. 2, 2017. File photo. THE CANADIAN PRESS/Sean Kilpatrick A man walks pass the Supreme Court of Canada in Ottawa on Thursday, Nov. 2, 2017. File photo. THE CANADIAN PRESS/Sean Kilpatrick

Mandatory victim surcharge cruel and unusual punishment, top court rules

Stephen Harper’s Conservative government made the charges mandatory in 2013.

The Supreme Court of Canada says a law that makes people convicted of crimes pay surcharges to help victims is unconstitutional.

In a 7-2 decision delivered this morning in Ottawa, the Supreme Court found the mandatory victim surcharge amounts to cruel and unusual punishment.

The court says the surcharge creates a crushing financial burden on poor people and places them under constant threat of being arrested and jailed if they do not pay.

Judges have been forced to impose a one-size-fits all punishment that does not take into account the individual’s ability to pay, the court says.

Read more: Confusion surrounds controversial victim surcharge fees

Stephen Harper’s Conservative government made the charges mandatory in 2013.

The decision means no victim surcharges can be imposed in any conviction, starting immediately.

The Canadian Press

Like us on Facebook and follow us on Twitter.

Just Posted

Dashcams to be installed on South Cowichan school buses

“disturbing tend” of “motorists disregarding school bus stop signs and putting our learners at risk”

Seymour re-elected chief of Cowichan Tribes

Council’s 12 seats also decided

Lexi Bainas column: Music, miniature masterpieces, and a long-lost banjo

Some truly heartwarming news last week: Chuck McCandless has his banjo back!

What you said: the solutions to the Highway 18 elk situation are varied

Is it the speed of drivers, the at-times-blind corners, or the poor lighting?

China hints at national security trials for 2 Canadians detained for one year

The two Canadians’ detention is largely seen as retaliation for the arrest of a Huawei exec

B.C. seaplane company set to test the first commercial electronic plane

The plane is powered by a 750 horsepower electric motor

Fireballs to fill the sky Friday for brightest meteor shower of the year

Geminid meteor shower features colourful, brighter, longer shooting stars

Province sues over sailing incident that killed teen with disabilities

Gabriel Pollard, 16, died from injuries after marine lift failed

First Nations want Big Bar landslide cleared ASAP to allow fish passage

Leadership calling for urgent action and resources to remove obstruction on the Fraser

Assessed value of Lower Mainland homes expected to decrease in 2020

Other areas of province may see modest increases over last year’s values

Chilliwack family’s therapy dog injured in hit and run

Miniature pit bull Fifty’s owner is a single mother facing close to $10,000 in vet bills

Cougar destroyed in Penticton area after mauling dog, killing cat

This is the first reported incident with a cougar this year in the Penticton area

Most Read