A victim surcharge is an additional penalty imposed on convicted offenders at the time of sentencing.
It is collected and retained by the provincial and territorial governments, and used to help fund programs and services for victims of crime in the province or territory where the crime occurred.
The coming into force of the Increasing Offenders' Accountability for Victims Act amends the victim surcharge provisions in theCriminal Code to double the amount that an offender must pay when sentenced, and to ensure that the surcharge is applied in all cases.
The surcharge will be 30 percent of any fine imposed on the offender. Where no fine is imposed, the surcharge will be $100 for offences punishable by summary conviction and $200 for offences punishable by indictment. In addition, the judge will retain the discretion to impose an increased surcharge where the circumstances warrant and the offender has the ability to pay.
The victim surcharge was first enacted in 1989 and was called the “victim fine surcharge.” In 2000, two amendments were made to the surcharge provision, making the surcharge a fixed amount and making it mandatory unless it would cause undue hardship to the offender. Before the Increasing Offenders’ Accountability to Victims Act, the amount of the victim surcharge had not been increased since 2000.
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 or her dependants. This legislation removes the waiver option to ensure that the victim surcharge is applied in all cases without exception. In cases where offenders are unable to pay the surcharge, they may be able to participate in a provincial fine option program, where such programs exist. This would allow an offender to satisfy a financial penalty ordered as part of a sentence by earning credits for work performed in the province or territory where the crime was committed.
These changes build on the work the Government has already done to ensure that those who break the law are held fully accountable and sentenced in a way that appropriately reflects the seriousness of their actions; and to ensure that victims have a more effective voice in the criminal justice system. They are also in line with the Speech from the Throne 2013 commitment to introduce measures that will increase support for crime victims. As the surcharge money is used by the province or territory where the crime occurred to help fund services for victims of crime, raising the victim surcharge amounts will benefit victims of crime.
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Department of Justice Canada
Octobre 2013
