Victim Surcharges: How Many do I have to Pay?


Section 737 of the Criminal Code requires that an offender who is convicted or discharged shall pay a surcharge.

The surcharge regime has two objectives:

(i)                to provide funds for victim services, and

(ii)              to increase offenders’ accountability to victims and the community.

See R. v. Cloud, 2016 QCCA 567, 340 C.C.C. (3d) 547;

R. v. Tinker, 2017 ONCA 552, at paras. 86-96.



The surcharge is a unique penalty in the nature of a general kind of restitution.

R. v. Crowell (1992), 115 N.S.R. (2d) 355 (Supreme Court of Nova Scotia, Appellate Division).



Can victim surcharges be imposed concurrently?

Victim surcharges are imposed automatically upon conviction or discharge for each offence and there is no discretion in the court to circumvent this automatic imposition by ordering concurrent victim surcharges (where one payment would acquit two separate obligations).

R. v. Fedele, 2017 ONCA 554.

Concurrent and consecutive are concepts that apply to periods of time. There can be concurrent sentences of incarceration or concurrent prohibitions on driving. Fines and surcharges are not punishments which are measured in time – they are measured in amounts of money.

Thus, the proposition that victim surcharges can be imposed concurrently is not a logical extension of the concept of concurrent and consecutive sentences.

Fedele, at para. 34.

Further, the wording of the section and the legislative history of the victim surcharge regime make it clear that Parliament intended the victim surcharge to be imposed for each and every offence, leaving the judge with no discretion in its imposition.

Fedele, at para. 33.


Stuart O'Connell, O'Connell Law Group, leadersinlaw.ca

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