INTRODUCTION AND BRIEF DESCRIPTION
This section outlines the requirements for giving written notice to an offender regarding the victim surcharge, including the amount, payment method, deadline, and process for requesting changes.
SECTION WORDING
737(8) The court shall cause to be given to the offender a written notice setting out (a) the amount of the victim surcharge; (b) the manner in which the victim surcharge is to be paid; (c) the time by which the victim surcharge must be paid; and (d) the procedure for applying for a change in any terms referred to in paragraphs (b) and (c) in accordance with section 734.3.
EXPLANATION
Section 737(8) of the Criminal Code of Canada is an essential measure in ensuring that victims of crime receive proper compensation for the harm they have suffered. This section requires that the court provide written notice to the offender detailing the victim surcharge, which is a monetary penalty intended to fund support services for victims of crime. Additionally, this notice must outline the method of payment, deadline for payment, and the process for requesting modifications to the terms. The victim surcharge is a mandatory penalty imposed on offenders upon conviction. The amount of the surcharge is determined by the court, taking into consideration the seriousness of the crime and the offender's ability to pay. The funds collected through the surcharge are directed to support services for victims of crime, such as counseling, housing, and financial assistance. This section of the Criminal Code of Canada is significant in that it ensures that offenders are held accountable for their actions and provides some measure of restitution to victims of crime. Through the imposition of the victim surcharge, offenders are made to contribute to a system that works to alleviate the harm caused by their actions, while also promoting a safer and more just society. Furthermore, the notice requirement ensures that offenders are aware of their responsibilities and deadlines for payment. It also provides a clear process for requesting any modifications to the terms of payment, allowing for flexibility in situations where an offender may not be able to meet the initial requirements. Overall, Section 737(8) of the Criminal Code of Canada is a crucial component in the criminal justice system, ensuring that victims of crime receive the support and compensation they are entitled to, while also promoting accountability and responsibility among offenders.
COMMENTARY
Section 737(8) of the Criminal Code of Canada is an important piece of legislation that serves a number of important purposes in the Canadian justice system. The section outlines the requirements for providing written notice to convicted offenders about the victim surcharge that they will be required to pay as part of their sentence. This surcharge is intended to provide financial support to victims of crime and to help fund victim services across Canada. One of the key requirements of this section is that written notice must be given to the offender outlining the specific details of the surcharge, including the amount to be paid, the method of payment, and the deadline for payment. This written notice is important because it ensures that the offender is fully aware of their obligations under the law and can take steps to ensure that they meet those obligations. Another important aspect of this section of the Criminal Code is the provision for offenders to apply for a change in the terms of their surcharge payments. This provision is important because it recognizes that sometimes offenders may experience financial difficulties that make it difficult for them to meet their payment obligations. By providing a mechanism for offenders to seek a change in their payment terms, the law ensures that the victim surcharge remains an effective and fair tool for supporting victims while also ensuring that offenders are not unfairly burdened by its payment terms. Overall, Section 737(8) is an important provision of the Criminal Code of Canada that helps to ensure that victims of crime receive the financial support they need to recover from their experiences. By requiring that offenders be given written notice of their surcharge obligations and providing mechanisms for adjusting those obligations as needed, this section helps to ensure that the criminal justice system remains fair and equitable for all those involved. As such, it is an essential piece of legislation that plays a critical role in the Canadian justice system.
STRATEGY
Section 737(8) of the Criminal Code of Canada deals with victim surcharges, which are fees imposed on offenders as a way of providing financial support to victims. This section outlines the specifics of how victim surcharges should be communicated to offenders, including the amount, method of payment, due date, and procedure for seeking changes. Strategic considerations when dealing with this section of the Criminal Code include legal, practical, and ethical considerations, as well as the potential impact on victims and offenders. One strategic consideration when dealing with section 737(8) is the legal framework within which it operates. Victim surcharges are mandatory in most cases, meaning that judges are required to impose them on offenders, regardless of their ability to pay. This legal requirement can pose challenges for both offenders and victim services, as the onus can fall on the provincial government to cover unpaid surcharges. As such, it is important to consider the legal implications of this section when drafting policies or conducting court proceedings. Another strategic consideration related to section 737(8) is the practical implications of imposing victim surcharges on offenders. Some critics argue that victim surcharges can be viewed as a form of punishment, rather than support for victims, and can increase the financial burden on some offenders who are already struggling financially. As a result, some jurisdictions have implemented policies to waive or reduce surcharges in cases where offenders are unable to pay. Determining eligibility for such exemptions requires careful consideration of practical factors such as income, financial commitments, and personal circumstances of offenders. Ethical considerations are also important when devising strategies related to section 737(8). It is essential to ensure that victim services are adequately funded and remain a priority, but it is equally important to ensure that offenders are not subjected to penalties that are unnecessarily harsh or disproportionate to the crime committed. In addition, it is important to consider the impact that surcharges can have on victims, particularly those who are vulnerable or marginalized. For example, if an offender is unable to pay the surcharge, the burden may fall on victim services to provide additional support, potentially at the expense of other victims. Finally, when dealing with section 737(8), it is important to consider the broader implications of victim surcharges. Some critics argue that they disproportionately affect marginalized communities and contribute to the overrepresentation of certain groups in the criminal justice system. Given these concerns, one strategy could be to use victim surcharge funds to invest in initiatives that address the root causes of crime, such as education, housing, and mental health supports. This approach may have a greater impact on reducing victimization and preventing crime in the long term. In conclusion, when dealing with section 737(8) of the Criminal Code of Canada, it is important to carefully consider legal, practical, ethical, and social implications. Strategies that could be employed include exemptions for those unable to pay, investing surcharge funds in preventative initiatives, and ensuring that victim services remain a priority. Ultimately, the goal should be to strike a balance that supports victims while also ensuring that offenders are treated fairly and proportionately.