Victim fine surcharge

A victime fine surcharge (VFS) is an amount of money added to a sentence; like a tax on a finding of guilt.

The government says, "It is collected and retained by the provincial and territorial governments, and used to help fund programs and services for victims of crime in the province or territory where the crime occurred."

BILL C-37, INCREASING OFFENDERS' ACCOUNTABILITY FOR VICTIMS ACT

On October 24, 2013, the above bill came into force. This new bill will remove the judge discretion to impose or not the VFS regardless of the accused ability to pay the aforementioned fine.

The bill double the amount imposed as a fine, more importantly:

• 30% of any fine imposed

• Where no fine is imposed:

• $100 for offences punishable by summary conviction

• $200 for offences punishable by indictment

• In addition, the judge would retain the discretion to impose an increased surcharge where the circumstances warrant and the offender has the ability to pay.

IMPACT ON THE ACCUSED

For someone accused of a crime who pleads guilty or who is convicted after trial of a criminal offense, will be AUTOMATICALLY obliged to pay the VFS regardless of his sentence.

If someone were accused of stealing a box of pasta (worth $2.50) because his/her family does not have anything to eat and the accused pleads guilty, regardless of his/her sentence, he/she would have a VFS of $100 to pay to the court.

This new bill will cause undue financial hardship on many accused individuals.