Allen / McMillan at the Supreme Court of Canada – R v Boudreault

On December 14, the Supreme Court of Canada released R v Boudreault, a landmark decision in the area of mandatory victim surcharges. Victim surcharges are fines imposed on offenders which are used to fund victim services. The Criminal Code does not permit a judge any discretion to waive or reduce the surcharge, and surcharges are imposed on each count, often resulting in offenders receiving thousands of dollars in surcharges. Offenders who cannot pay are at risk of further incarceration. 

In R v Boudreault, Greg Allen appeared as counsel on behalf of the British Columbia Civil Liberties Association, and argued that mandatory victim surcharges are unconstitutional as a violation of the protection against cruel and unusual punishment. The Supreme Court of Canada held that mandatory victim surcharges are, in fact, unconstitutional on this basis, and cannot be justified as a reasonable limitation of this right. As a result, the Court declared that the section of the Criminal Code requiring judges to impose victim surcharges on offenders is invalid.

For more information on Allen / McMillan’s appellate advocacy and advisory practice, call us at (604) 569-2652 or email info@amlc.ca.