Yes.
This one I think is not as directly opposite in scope. This amendment would agree with the collection of the surcharge and would suspend it only “if the court is satisfied that undue hardship to the offender or dependents of the offender would result from the payment of the victim surcharge” in provinces where a fine option or similar program is unavailable.
Simply put, Mr. Chairman—again, I'll be very brief—Bill C-37 seeks the mandatory application for the victim surcharge, which we are supporting, while removing an undue hardship defence. The amendment maintains the government's intent to impose the surcharge, but suspends its collection when undue hardship would result. We're not seeking to replace the undue hardship defence here. As such, it is supportive of the government's objective of recognizing the need for a surcharge and the related goal of denunciation, while at the same time allowing a court to consider the resulting financial hardship and ordering the immediate payment of the fine.
In other words, while much has been made of fine option programs, Mr. Chairman—and with this, I will conclude—we know that not every province has one. For example, we discussed Newfoundland and Labrador, B.C., Ontario, and the equivalent programs available may not be adequate in certain circumstances. The purpose of this amendment, simply put, allows offenders to make an application that they're in such a situation, and therefore in that situation the surcharge would be suspended.