Island judge applauds end of mandatory victim surcharge fines

An Islandjudge is applauding a recent ruling by the Supreme Court of Canada to put an end to victimsurcharge 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."

Victimsurcharge 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 paydoubled.

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

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

Island courtslevied just over$247,000 in federal and provincial victimsurcharge fines in 2016-17.Part of that moneywas 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 theRape and Sexual Assault Centre. "Thatwould be a shame if it were affected."

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

Other front-lineworkers see merit in victimsurcharge 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 DanyaO'Malley, executive director ofFamily Violence Prevention Services.

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

More P.E.I. news