Criminal Code of Canada - section 737(4) - Time for payment

section 737(4)

INTRODUCTION AND BRIEF DESCRIPTION

Victim surcharge is payable at the same time as the fine for an offence, or within a time set by the lieutenant governor in council if there is no fine imposed.

SECTION WORDING

737(4) The victim surcharge imposed in respect of an offence is payable at the time at which the fine imposed for the offence is payable and, when no fine is imposed, within the time established by the lieutenant governor in council of the province in which the surcharge is imposed for payment of any such surcharge.

EXPLANATION

Section 737(4) of the Criminal Code of Canada outlines the requirement for the payment of victim surcharges in cases where an offender has been convicted of a criminal offence. A victim surcharge is a fee that offenders are required to pay to fund programs and services that support victims of crime. The amount of the surcharge is based on the severity of the offence and may be in addition to any fines or other penalties imposed by the court. Under this section of the Criminal Code, the victim surcharge must be paid at the same time as any other fine imposed by the court, in cases where a fine is imposed. If no fine is imposed, the payment deadline for the surcharge will be established by the lieutenant governor in council of the province in which the surcharge is imposed. The purpose of the victim surcharge is to provide financial support to victims of crime, including funding for counseling, therapy, and other programs. The funds collected through the surcharge are managed by the provincial governments and distributed to organizations that provide services to victims. It is important to note that this section of the Criminal Code applies to all criminal offences, regardless of the severity or type of offence. Failure to pay the victim surcharge can result in additional penalties, including fines or even imprisonment. Overall, section 737(4) emphasizes the importance of supporting victims of crime and ensuring that offenders take responsibility for their actions by paying the required surcharges.

COMMENTARY

Section 737(4) of the Criminal Code of Canada states that the victim surcharge imposed in respect of an offence is payable at the same time that the fine is imposed, or within the time established by the lieutenant governor in council of the province in which the surcharge is imposed. This provision is significant because it ensures that victims of crime who may have suffered harm as a result of the offence are compensated for their loss. The victim surcharge is a mandatory financial penalty that is imposed on an offender upon conviction of an offence. The victim surcharge was introduced primarily to provide restitution to victims of crime and to ensure that they receive appropriate redress for the harm that they have suffered. The surcharge is payable in addition to any other penalty that is imposed on the offender. The funds generated by this surcharge are directed towards local programs and services that provide assistance and support to victims of crime. In Canada, the amount of the victim surcharge varies depending on the severity of the offence committed. The surcharge can range from $100 to $200 for summary conviction offences, and up to $1,000 for indictable offences. However, it should be noted that this surcharge is not a replacement for other forms of restitution that may be ordered by the court to compensate victims for the damage or loss they have suffered. One area of contention with the victim surcharge has been the issue of its mandatory application regardless of the offenders' ability to pay. Since its introduction, there have been debates around whether the surcharge is fair given that it is applied universally, even to individuals who may already be experiencing financial hardship. This has resulted in the provision being amended in 2019, where judges are now permitted to waive or reduce the victim surcharge on a case-by-case basis if they believe it to be unreasonable or if the person is unable to pay. Despite these concerns, the victim surcharge is an important tool in ensuring that victims of crime are provided with compensation that can help them recover from the harm suffered. It sends a message to offenders that they are responsible for the harm that they have caused and that they must take responsibility for their actions. The provision also directs funding towards victim services, which can help to improve support for victims of crime, providing them with much-needed assistance during a difficult time. In conclusion, Section 737(4) of the Criminal Code of Canada is an essential provision that ensures that victims of crime are afforded the compensation they need to recover from the harm they have suffered. While there may be concerns around the surcharge's mandatory application, recent changes have addressed these concerns and provided judges with greater flexibility in determining the appropriate application of the surcharge. Ultimately, the victim surcharge is an effective tool in ensuring that victims of crime receive the support and assistance they need, leading to a more just and fair criminal justice system.

STRATEGY

Section 737(4) of the Criminal Code of Canada lays out the requirement for the imposition of a victim surcharge when a fine is imposed for an offense. If no fine is imposed, the lieutenant governor in council of the province has the discretion to establish a timeframe for paying the surcharge. This section is aimed at ensuring that victims of crime are compensated and that those who commit crimes face consequences for their actions. However, applying this section can be challenging for justice officials, and there are several strategic considerations that need to be taken into account when dealing with this law. One strategic consideration is determining the appropriate amount of the surcharge. The victim surcharge is typically a percentage of the fine, with a minimum threshold. The fine and surcharge must be proportional to the seriousness of the offense. If the surcharge is set too high, it may be perceived as punitive, and there may be concerns that individuals who cannot pay the surcharge may be unfairly punished. On the other hand, setting the surcharge too low may not adequately compensate victims or deter future offending. Therefore, justice officials must balance these competing interests when setting the surcharge amount. Another important strategic consideration is the use of discretion when imposing the surcharge. While the law mandates that a surcharge be imposed for all offenses, there may be cases where exceptions are warranted. For example, if an offender has no ability to pay the surcharge, it may be counterproductive to impose it as it could lead to significant hardship for the individual. Justice officials have the discretion to waive the surcharge if they determine that it is not appropriate in the circumstances. Similarly, they can adjust the timing of payment to take into account an offender's ability to pay. In addition to discretion, there may be strategic considerations in how the victim surcharge is collected. Given that the surcharge is typically paid at the same time as the fine, mechanisms are in place to enforce payment of the surcharge. Enforcement strategies may include garnishing wages or seizing assets. While these tools may be necessary in some cases, they may also create barriers to reintegration for offenders who are trying to repay their debt to society. Therefore, justice officials may need to consider alternative payment options, such as payment plans or community service. Finally, strategic considerations must be taken into account as to how the surcharge is used to support victims. While the victim surcharge is intended to help compensate victims of crime, it is not always clear how these funds are used in practice. Justice officials must take steps to ensure that the funds collected through the victim surcharge are appropriately directed to victim services. This may involve working with community organizations or developing internal programs to help victims access the support they need. In conclusion, section 737(4) of the Criminal Code of Canada is an important law aimed at supporting victims of crime and ensuring that offenders face the consequences of their actions. However, officials must take strategic considerations into account when enforcing the law, including the appropriate amount of the surcharge, the use of discretion, the collection of the surcharge, and the use of funds to support victims. By balancing these competing interests, justice officials can help ensure that the victim surcharge process operates effectively and fairly.