Justice committee  If I may, I will start with the first part of your question. In our view, it is not a tax. This bill actually specifies that judges must follow the overall sentencing principles, meaning the totality principle and the principles of general deterrence and specific deterrence. So

Justice committee  In our view, it does not apply. Let us turn to the practical side. In most provinces, there is the option of community service programs. They have the so-called fine option programs. The provinces that don't have those programs have other measures. In practical terms, we feel tha

Justice committee  I can give you some concrete examples. For instance, in Newfoundland, there is the option of paying in instalments. If the offender does not pay the surcharge on the spot, they can do so over a certain period of time. Other provinces have similar programs. Once again, in our vie

Justice committee  We have consulted with the provinces and territories about the challenge with people who have no resources. They feel that they are able to face that challenge. In addition, a number of provinces subscribe to a Canada Revenue Agency program through which fines can be paid by a wi

Justice committee  Exactly.

Justice committee  Each province and territory has legislation that specifies what the funds can be used for, and for a number of provinces and territories, that is absolutely what the funds could be used for. That's the short answer. All provinces and territories have legislation that specifies wh

Justice committee  Yes, sir.

Justice committee  Mr. Cotler, I can speak to the victim surcharge. In that case, as I've mentioned, there are a number of programs that would alleviate the problem of an absolute and utter inability to pay. I'm not able to speak to the broader question of imposition of fines broadly.

Justice committee  I'm sorry, Mr. Cotler, I can't speak to that. What I can say is that we believe the current existence of fine option programs and the other programs in provinces and territories that don't have a program would alleviate that problem of an offender's having a complete and utter i

Justice committee  I would also point you, Mr. Cotler, to the coming into force provision of this bill, which provides that the coming into force can be set on a future day or days. We have an excellent relationship with the provinces and territories in terms of victims of crime and can have conver

Justice committee  The first thing I would say is that in regard to victims of crime, we are very conscious that this is an area of shared jurisdiction with the provinces and territories and that, when the federal government is going to legislate in regard to victims of crime, we have to limit our

Justice committee  In our view, it's the second aspect of what you've identified that is the predominant factor. When you look practically at a case, the ability of all provinces and territories to find alternative means to obtain satisfaction of a sentence is what would stop that imposition of fun

Justice committee  Okay, I'd be happy to do that. I also would suggest that it really is a matter of the provinces and territories. I can relate to you what they have related to me, but they are obviously your best source. I will give some examples. I can speak to Ontario; someone mentioned Ontar

Justice committee  I am sorry, but I want to make sure that I understood your question correctly. Are you asking to what extent the provinces will be able to absorb the impact of fine option programs?

Justice committee  Since 2000, provinces and territories have been saying that the anticipated surcharge revenue is not in line with the projections. So, for those provinces and territories, it meant that it was a step backward. They were expecting a certain revenue and it has not been reached. In