Julien Bernard Bourgeois

The applicant challenged the constitutionality of the mandatory victim surcharge (SAC) imposed under section 737 of the Criminal Code, arguing it violated his rights under sections 7, 12, and 15 of the Canadian Charter of Rights and Freedoms.

The court found that the SAC constitutes a punishment rather than an ancillary order.

Applying the test for cruel and unusual punishment under section 12, the court determined that imposing a $700 surcharge on an impoverished, mentally ill, and substance-dependent offender with a monthly income of approximately $136 would be grossly disproportionate and incompatible with human dignity.

The court declared section 737(1) of the Criminal Code to be of no force or effect under section 52 of the Charter.

Following a jury conviction for manslaughter arising from a fatal stabbing outside a bar, the court determined the appropriate custodial sentence.

The offender retrieved a large knife from home after a verbal confrontation and later stabbed the unarmed victim multiple times during a confrontation in a parking lot.

The court found high moral blameworthiness given the deliberate retrieval and concealment of the weapon and the vulnerable position of the victim, although provocation relating to the victim’s treatment of the offender’s girlfriend was a mitigating factor.

Applying the sentencing range for morally blameworthy manslaughter established in appellate authority, the court emphasized denunciation and general deterrence while also considering the offender’s lack of criminal record, employment history, and prospects for rehabilitation.

A nine‑year sentence was imposed with enhanced credit for pre‑sentence custody.