Showing posts with label mandatory victim surcharge. Show all posts
Showing posts with label mandatory victim surcharge. Show all posts
Victim Surcharge won't make Homeless Offender more Accountable, B.C. Judge Says
"A B.C. provincial court judge says violating a homeless man's charter rights by forcing him to pay a $200 victim surcharge won't make impoverished offenders more accountable to victims.

In a ruling released Monday, Judge Donna Senniw said she couldn't find any justification for imposing a mandatory fine on an impoverished man who breached the terms of his release.

The Conservative government made the victim surcharge mandatory in 2013 as part of its tough-on-crime agenda; Senniw ruled last summer that change was unconstitutional.

But in her latest ruling, she found the violation couldn't be justified under Section 1 of the Charter of Rights and Freedoms that says an infringement of a person's rights may be allowed if it meets the objectives of a law.

'If an offender has no ability to pay the surcharge, it is difficult to envision how it could promote accountability, let alone raise money for victim services,' Senniw wrote.

'It is irrational to impose a mandatory payment on an individual with no prospect of payment, for whom attachment of government benefits would create a hardship and where a government administration would expend time, effort and monies to collect such mandatory payment.'"

Read Judge Senniw's Decision 

Courts

Prominent Ottawa Judge Strikes Down Mandatory Victim Surcharge
In a carefully reasoned, 31-page decision released Thursday, Ontario Court Justice David Paciocco found that a reasonable person who was properly informed would find $900 in mandatory victim surcharges for addicted, impoverished and troubled Inuit offender Shaun Michael so grossly disproportionate that it would outrage the standards of decency.

"Mr. Big" Ruling A "Game Changer" For Those Convicted In Sting Operations
A Supreme Court of Canada ruling calling into question the reliability of confessions obtained during so-called Mr. Big sting operations could prompt the review of dozens of convictions, some legal experts say.

Read the Supreme Court Ruling

Big Political Money Now Floods Judges Races, Too
Spending on judicial races has been ticking up along with overall election spending for the past decade, but the U.S. Supreme Court’s 2010 Citizens United ruling, which lifted restrictions on political spending by groups unaffiliated with individual campaigns, has driven money into races once run on shoestring budgets.