Feds unveil victims’ rights bill
Victim surcharges would get tighter deadlines
OTTAWA — The federal government’s newly unveiled Victims’ Bill of Rights limits the discretion of judges over when a person convicted of a crime pays a victim fine “surcharge.”
Some judges have openly rebelled against the mandatory victim fine surcharge, which became law on Oct. 24, 2013.
They have refused to enforce it or have applied time frames of up to 60 years for an offender to pay. In many cases, they have done this because the person does not have the means to pay.
Victim surcharge fees are currently set at 30 per cent of any fine imposed on a criminal or, if no fine is applied, $100 for certain offences and $200 for others.
Under the new bill, the mandatory surcharge would have to be paid “within the reasonable time established by the lieutenant-governor of the province in which it is imposed” — meaning judges would no longer have the discretion of giving offenders generous deadlines.
Norm Boxall, an Ottawa defence lawyer and past president of the Criminal Lawyers’ Association, criticized the new limit.
“When you start restricting the discretion of judges on victim fine surcharges … it’s counter-productive to the ability of a judge to determine what’s appropriate in the unique circumstances of each case and apply justice,” he said.
NDP leader Tom Mulcair said Thursday many element of the legislation will need careful study.