The City of Toronto appealed sentencing decisions by a Justice of the Peace who had imposed no victim surcharge on fines for provincial offences, relying on the Supreme Court of Canada's decision in R. v. Boudreault.
The appellant sought a ruling that the Justice of the Peace erred in law in declaring that no surcharge would be imposed, arguing that the Provincial Offences Act surcharge operates differently from the Criminal Code surcharge addressed in Boudreault.
The court found that the Justice of the Peace erred in law by failing to provide adequate reasons and by failing to comply with notice requirements under the Courts of Justice Act before raising a constitutional challenge.
