Archive for December 18th, 2018

There Is Growing Support For My Position That The Surcharge Is Unconstitutional

posted by Judge_Burke @ 13:48 PM
December 18, 2018

Recently, in R. v. Boudreault, 2018 SCC 58, the Supreme Court of Canada ruled that “the mandatory surcharge amounts to, and operates as, a constitutionally impermissible form of cruel and unusual punishment. Consequently, s. 737 of the Code violates s. 12 of the Charter and cannot be saved under s. 1”.  The Supreme Court declared section 737 of the Criminal Code “to be of no force and effect immediately, pursuant to s. 52(1) of the Constitution Act, 1982” (at paragraph 98).