Last Friday, in a 7 – 2 decision the Supreme Court of Canada ruled mandatory victim surcharges are a cruel and unusual punishment, and violate Section 12 of the Charter of Rights and Freedoms.
Back in October 2013, the Conservative federal government changed the law, so judges had to automatically apply one hundred, or two hundred dollar fines for every minor or major offence respectively.
Writing for the majority, Justice Sheila Martin said the cumulative effects of the law create circumstances that are grossly disproportionate, outrage the standards of decency, and are both abhorrent and intolerable.
She said the law unfairly punishes the poor, and disadvantaged.
In the dissenting opinion, Justice Suzanne Coté said parts of the surcharge regime mitigate negative effects on the poor.
The Senate is currently reviewing a bill proposed by the Trudeau government that would restore to judges the ability to use their discretion when applying surcharges.