The Crown appealed a trial judge's ruling that the mandatory victim surcharge under section 737 of the Criminal Code violated section 7 of the Charter.
The respondents were individuals of limited financial means who had pleaded guilty to various offences.
The Superior Court of Justice allowed the appeal, holding that the victim surcharge is a consequence of conviction rather than a fine or punishment.
The court further held that the surcharge is not grossly disproportionate, as offenders can be granted significant time to pay.
The victim surcharges were imposed on all respondents with two years to pay.
