The proposed amendment would specify that an offender who is unable to pay the victim surcharge is not subject to imprisonment for that failure to pay. We understand that is the idea; however, in our view, the proposed amendment goes beyond current paragraph 734.7(1)(b) of the Criminal Code, which reflects the Supreme Court of Canada's 2003 decision in Regina v. Wu.
Under this paragraph, a court cannot issue a warrant of committal in default of payment of a victim surcharge unless the offender has refused to pay the surcharge without a reasonable excuse. This would prevent, for example, an offender who was unable to pay the surcharge due to poverty from being sent to prison. The wording of this proposed amendment could mean that an offender who doesn't pay for any reason will not be subject to the ultimate consequence of imprisonment. The Criminal Code currently prohibits the imprisonment of offenders who default on the victim surcharge due to an inability to pay.
Bill C-37 , as introduced, seeks to ensure that offenders who have the ability to pay are absolutely required to do so. Those who are unable to pay the victim surcharge will be able to discharge the amount owing by participating in a fine option program. These programs exist in seven jurisdictions. Alternative measures are available in the provinces that do not offer such programs, such as my own jurisdiction of British Columbia, where there are many mechanisms used to collect fines of this type.
Mr. Chair, I would like to ask the officials to comment on this as well.