Content
Skip to Main ContentAccessibility Help
PEI

Island judge applauds end of mandatory victim surcharge fines

Provincial Court Judge John Douglas says the mandatory fines restricted sentencing options for offenders who were living in poverty. The P.E.I. Deptarment of Justice is reviewing the decision and its implications on victim services.

Supreme Court of Canada calls them 'cruel and unusual punishment'

Brian Higgins · CBC News ·
Island courts have levied thousands of dollars in victim surcharge fines in recent years. (Brian Higgins/CBC)

An Island judge is applauding a recent ruling by the Supreme Court of Canada to put an end to victim surcharge fines.

"The vast majority of people coming before the court, or a significant number of them, may be on social assistance," said Provincial Court Judge John Douglas. "They were living in poverty and these surcharges were an enormous burden."

Victim surcharge fines are additional fines that offenders are required to pay, on top of any jail sentences and traditional fines levied by the courts. In recent years, the fines became mandatory and the amounts that offenders were required to pay doubled.

In a decision earlier this month, the Supreme Court of Canada ruled victim surcharge fines "cruel and unusual punishment" and unconstitutional. Douglas says some judges had complained about them for years.

P.E.I. Provincial Court Judge John Douglas says mandatory victim surcharge fines restricted sentencing options, especially for offenders living in poverty. (Brian Higgins/CBC)

"It restricts or limits the judge's discretion to try and impose what is a fair and just penalty," said Douglas.

Island courts levied just over $247,000 in federal and provincial victim surcharge fines in 2016-17. Part of that money was used to help pay compensation to victims, and to help them through the complex and sometimes stressful court system.

Department of Justice is reviewing the ruling

The Department of Justice says it is reviewing the Supreme Court of Canada decision and what it means for victim services on the Island. Other Island agencies that serve victims are watching, too.

"So many of our clients depend on victim services to guide them through the court system," said Sigrid Rolfe, executive director at the Rape and Sexual Assault Centre. "That would be a shame if it were affected."

There's a social justice aspect to it ... offenders take responsibility- Danya O'Malley, Family Violence Prevention Services

Other front-line workers see merit in victim surcharge fines.

"There's a social justice aspect to it ... offenders take responsibility and play a role in helping their victims get back on their feet," said Danya O'Malley, executive director of Family Violence Prevention Services.

Victim surcharge fines may not be gone forever. The federal government has new legislation making its way through parliament.

More P.E.I. news

ABOUT THE AUTHOR

Brian Higgins

Former CBC videojournalist

Brian Higgins joined CBC Prince Edward Island in 2002, following work in broadcasting and print journalism in central Canada. He follows law courts and justice issues on P.E.I., among other assignments. He retired in 2023.

    CBC's Journalistic Standards and Practices|About CBC News
    Corrections and clarifications|Submit a news tip|