The Supreme Court of Canada has deemed mandatory victim surcharges unconstitutional because they constitute a cruel and unusual punishment.
In October 2013, the Conservative federal government changed the law so convicted offenders automatically had to pay one hundred dollars for minor offences, and two hundred dollars for major offences.
Justice Sheila Martin, writing for the majority, said mandatory fines create circumstances that are grossly disproportionate, outrage the standards of decency, and are both abhorrent and intolerable.
Justice Suzanne Coté wrote in the dissenting opinion any negative effects from mandatory surcharges do not rise to the level needed to become a violation of Section 12 of the Canadian Charter of Rights and Freedoms.
A bill proposed by the Trudeau government that would allow judges to use their discretion when applying surcharges is currently being reviewed by the Senate.
