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).