What is the victim surcharge in Canada?
The federal victim surcharge is an additional monetary penalty imposed on offenders under Criminal Code s.737. The money funds victim services programs. The standard amount is $100 for each summary conviction count and $200 for each indictable count, or 30% of any fine imposed instead.
Is the victim surcharge still mandatory?
No. In R. v. Boudreault (2018), the Supreme Court of Canada struck down the mandatory victim surcharge as unconstitutional cruel and unusual punishment for offenders unable to pay. Courts now have discretion to waive or reduce it where paying would cause undue hardship.
How is the surcharge calculated on a fine?
When a fine is imposed, the surcharge is 30% of the fine amount rather than the flat per-count amount. For example, a $1,000 fine carries a $300 surcharge. Where no fine is imposed, the flat amounts of $100 (summary) or $200 (indictable) per count apply.
Can I get more time to pay the surcharge?
Yes. Courts can extend the time to pay and, following Boudreault, can decline to impose the surcharge where it would cause undue hardship. Provincial fine-option programs may also allow the surcharge to be worked off through community service in some provinces.