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.:

[1] On 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.

[2] Her 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.

[3] She appeals as against the victim fine surcharge component of her sentence as there were no “victims” in her matter.

[4] For 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

[5] This court has no jurisdiction to strike the victim fine surcharge nor is there any basis for doing so in this case.

[6] The sentence appeal is dismissed.

Delivered: 11 March, 2022.

Justice Joseph F. Kenkel