The applicant, who had previously been convicted of an 'over 80' offence and ordered to pay a fine and a victim surcharge, brought an application for an extension of time to pay.
Following the Supreme Court of Canada's decision striking down the mandatory victim surcharge as unconstitutional, the court considered whether to vacate the applicant's outstanding surcharge.
The court held that it was not necessary to require a formal Charter application and vacated the $300 victim surcharge in the interests of fairness and judicial economy.
