ONTARIO COURT OF JUSTICE DATE: 2022·03·11 NEWMARKET
BETWEEN:
ISABELLE RODRIGUEZ Appellant
— AND —
THE REGIONAL MUNICIPALITY OF YORK Respondent
PROVINCIAL OFFENCE APPEAL
Heard: March 11, 2022 Delivered: March 11, 2022
Ms. Carolyn Galin ......................................................................... counsel for the Respondent Ms. Isabelle Rodriguez ................................................................................ on her own behalf
KENKEL J.:
1On February 21, 2020, Ms. Rodriguez was charged with speeding. She pleaded guilty and paid the $108.75 fine. She did not pay the $30 costs and victim fine surcharge.
2Her explanation for not paying the surcharge is stated in her notice of appeal: “There were no victims”. Her refusal to pay the small surcharge ultimately resulted in a suspension of her driver’s license by the Ministry of Transportation on the 18th of October, 2021. It cost her $281 to have her license re-instated.
3She appeals as against the victim fine surcharge component of her sentence as there were no “victims” in her matter.
4For provincial offences the Victim Fine Surcharge is not an order made by the court. It is an administrative procedure under Ontario Regulation 161/00 Provincial Offences Act, RSO 1990 c P33. The regulation imposes an administrative victim fine surcharge for every fine imposed. The province collects funds to support victim services generally and it automatically applies to all cases.
Conclusion
5This court has no jurisdiction to strike the victim fine surcharge nor is there any basis for doing so in this case.
6The sentence appeal is dismissed.
Delivered: 11 March, 2022.
Justice Joseph F. Kenkel