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Justice committee  Good afternoon, honourable Chair and members of the committee. I am a lawyer at Rosenberg Kosakoski Litigation in Vancouver, and I appear today on behalf of Pivot Legal Society. I echo my colleague's acknowledgement that this proposed legislation is an important step in ameliora

September 25th, 2018Committee meeting

Naomi Moses

Justice committee  Our proposed changes to proposed subsection 737(5) are simply to remove the language that right now says “an offender establishes to the satisfaction of the court that” and then the words “on application of the offender”. We see that as restoring the previous discretion judges h

September 25th, 2018Committee meeting

Naomi Moses

Justice committee  That's correct. That's while retaining the presumption that the surcharge will be ordered, unless a judge exercises that discretion and the person before them provides some indication that undue hardship exists.

September 25th, 2018Committee meeting

Naomi Moses

Justice committee  Yes. Pivot absolutely supports the importance of victim services and the importance of funding those services properly. Many of the people Pivot serves find themselves before the court not just as defendants.

September 25th, 2018Committee meeting

Naomi Moses

Justice committee  Some of them have been victims of crime. So this is an important presumption that exists in the code. We have no objection to the existence of the surcharge itself.

September 25th, 2018Committee meeting

Naomi Moses

Justice committee  The objective, as we see it, is to fund services for victims, and those are very important services that warrant funding. Our objection is not to the existence of the surcharge, or to the funding of those programs, but rather to the mandatory imposition of the surcharge on people

September 25th, 2018Committee meeting

Naomi Moses

Justice committee  We think that the money is coming in. We need to be cautious in talking about revenue and the way that revenue comes in, because we can't assume that all the surcharges that are imposed could ever be paid—it's simply not possible. I note that in the last series of amendments in

September 25th, 2018Committee meeting

Naomi Moses

Justice committee  That's correct, yes. The legislation as it's currently written offers no discretion whatsoever, so we are advocating simply for the restoration of that discretion.

September 25th, 2018Committee meeting

Naomi Moses