Sarah Jiwan

The applicants sought an order for restitution and vacating of victim fine surcharges imposed between 2013 and 2018, following the Supreme Court of Canada's decision in R. v. Boudreault which found the surcharge unconstitutional.

The court granted the order vacating the unpaid surcharges for the applicant, Serge Parent, finding it just and appropriate under s. 24(1) of the Charter, and that the limitation period had not expired.

However, the court dismissed the request for restitution of already paid surcharges and the broader class remedy, noting that s. 24(1) is for personal remedies and that government measures had ameliorated some harms.

The defendant, the Attorney General of Canada, brought a motion to strike the plaintiff's statement of claim and dismiss the action.

The self-represented plaintiff alleged that government secret agents had been attacking him with remote-controlled laser radiation and conducting unauthorized surveillance as part of a conspiracy.

The court found the allegations to be incurable and incapable of being substantiated in a court of law.

Applying the 'plain and obvious' test, the court struck the statement of claim without leave to amend and dismissed the action, making no order as to costs.