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SENTENCING - Particular sanctions - Victim fine surcharge - Procedure - Jurisdiction to impose sentence - Appeals

Wednesday, July 19, 2017 @ 9:14 AM  

Appeal by six offenders from sentencing decisions affirming the constitutionality of the mandatory victim surcharge regime. In 2013, s. 737(1) of the Criminal Code was amended to provide for the mandatory imposition of a victim surcharge in connection with sentencing. Prior to the amendment, a sentencing judge had discretion to exempt an offender from the surcharge where its imposition would cause undue hardship. The Code provided for a committal hearing process in the event of default of payment. The appellants were marginalized individuals due to mental...