The defendant applied for a declaration that section 60.1 of the Provincial Offences Act (victim fine surcharge) was unconstitutional, alleging violations of sections 7 and 12 of the Canadian Charter of Rights and Freedoms.
The defendant had been convicted of operating a motor vehicle without insurance, a second conviction within six months.
The court dismissed the application, finding that the surcharge is administratively imposed rather than court-imposed punishment, and therefore does not engage section 12.
The court further found that even if the surcharge constituted punishment, it would not constitute cruel and unusual punishment under section 12, and that there was no violation of section 7 security of the person interests.
