Evidence of meeting #46 for Justice and Human Rights in the 41st Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was programs.
A video is available from Parliament.
NDP
Raymond Côté NDP Beauport—Limoilou, QC
Yes, financially but also in terms of the capacity of organizations on the ground to absorb a new influx of people unable to pay the fine and wanting to use the fine option program.
Director and Senior Counsel, Policy Centre for Victim Issues, Department of Justice
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 our view, it is because of the rather low rate of imposing the surcharge. It was not a result of the lack of collection on the part of the provinces and territories.
NDP
Raymond Côté NDP Beauport—Limoilou, QC
But overall, considering that it will be applied systematically, if fine option programs are used on a large scale, it will simply be a credit, obviously. There would not be any financial compensation in that case either. There will even be costs that will be absorbed, either by the province or by organizations. In a nutshell, structures will have to be put in place to absorb that. Do you have an idea of what that means?
Director and Senior Counsel, Policy Centre for Victim Issues, Department of Justice
Unfortunately, I don't have any specific data to give you, but, as I mentioned, we have set up a working group with our provincial and territorial counterparts. Those are the types of things we discuss on a regular basis.
NDP
Pierre Jacob NDP Brome—Missisquoi, QC
I had a few short specific questions, since I don't have a lot of time left. My thanks to our guests for joining us.
Where does a victim surcharge rank on the order of priorities in a case of the bankruptcy of an offender? That is my first question.
Second, if offenders have outstanding victim surcharges, are they considered not to have completed their sentences? Does that mean that they remain within the jurisdiction of the corrections system? Can this situation last for a long time or indefinitely?
Director and Senior Counsel, Policy Centre for Victim Issues, Department of Justice
Unfortunately, I do not know the answer to your first question. But we can get back to you with the answer for a case of bankruptcy.
In terms of your second question, my counterpart here was one of the main lawyers for Bill C-10. Bill C-10 specified that those types of measures, such as paying the surcharge or other financial obligations, were or should be part of the offender's correctional plan.
NDP
Pierre Jacob NDP Brome—Missisquoi, QC
I have one final quick question. I believe I still have a few seconds.
If an offender is sentenced for multiple offences, is a victim surcharge imposed for each offence?
Director and Senior Counsel, Policy Centre for Victim Issues, Department of Justice
No. The surcharge is imposed at the time of sentencing. Let's take your example. If there are five counts and the sentence is passed in one hearing, the surcharge will be imposed only once.
NDP
Conservative
The Chair Conservative Dave MacKenzie
Thank you.
I'd like to thank the officials for being here today. It has been very informative. I know the analysts will have some time to delve into those other questions.
To the committee members, before you leave, you need to think how we're going forward here. We're going to lose a day on November 8, I believe. One day next week we're going to have to take some time to make plans about where we're going and get some witnesses for the next sessions to the clerk so that he can have time to get witnesses here after the break.
The meeting is adjourned.