The court considered the constitutionality of the mandatory victim fine surcharge (VFS) under s. 737 of the Criminal Code, which removed judicial discretion to waive the surcharge for impecunious offenders.
Five offenders, all living in extreme poverty or on disability benefits, pleaded guilty to various offences.
The court found that imposing the mandatory VFS on these individuals would result in a grossly disproportionate sentence, constituting cruel and unusual punishment under s. 12 of the Charter.
The court declined to impose the VFS in all five cases.
