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Case information

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37774

Edward Tinker, Kelly Judge, Michael Bondoc and Wesley Mead v. Her Majesty the Queen

(Ontario) (Criminal) (By Leave)

Docket

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

List of proceedings
Date Proceeding Filed By
(if applicable)
2018-12-20 Appeal closed
2018-12-17 Formal judgment sent to the registrar of the court of appeal and all parties
2018-12-17 Judgment on appeal and notice of deposit of judgment sent to all parties
2018-12-14 Judgment on the appeal rendered, CJ Abe Mo Ka Ga Côt Br Row Mar,
The appeal from the judgment of the Court of Appeal for Ontario, Number C60413, 2017 ONCA 552, dated June 30, 2017, heard on April 17, 2018, is allowed. Section 737 of the Criminal Code, R.S.C. 1985, c. C-46, infringes s. 12 of the Canadian Charter of Rights and Freedoms and is not saved by s. 1. It is invalidated with immediate effect, pursuant to s. 52(1) of the Constitution Act, 1982. Côté and Rowe JJ. dissent.
Allowed
2018-05-02 Transcript received, (2 volumes), Joint with 37427, 37782 and 37783; Day 1-131 pages - Day 2-111 pages
2018-04-18 Judgment reserved OR rendered with reasons to follow
2018-04-17 Hearing of the appeal, 2018-04-17, and 4/18/2018, CJ Abe Mo Ka Ga Côt Br Row Mar
Judgment reserved
2018-04-17 Appellant's condensed book, (Book Form), Submitted in courtroom (14 copies) Edward Tinker, Kelly Judge, Michael Bondoc and Wesley Mead
2018-04-17 Respondent's condensed book, (Book Form), Submitted in courtroom (14 copies) (Joint with 37782, 37783) Her Majesty the Queen
2018-04-16 Correspondence received from, (Letter Form), Stobo Sniderman. Vincent Larochelle will not be appearing at the hearing of the appeal. Yukon Legal Services Society
2018-04-16 Correspondence received from, (Letter Form), Stobo Sniderman. Request for 1 reserved seat. Yukon Legal Services Society
2018-04-13 Order on motion to strike out, (BY JUSTICE ROWE)
2018-04-13 Decision on motion to strike out, Row, UPON APPLICATION by the Attorney General of Ontario for an order striking paragraphs 39-45 of the factum filed by the Colour of Poverty - Colour of Change and the Income Security Advocacy Centre (the Coalition), and striking paragraphs 31-33 of the factum filed by the Yukon Legal Services Society;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motion is dismissed.
Dismissed
2018-04-13 Submission of motion to strike out, Row
2018-04-13 Notice of appearance, (Letter Form), Daniel C. Santoro, Demar Doucette and Megan Howatt will be appearing. Mr. Santoro and Mr. Doucette will presetn oral argument. Edward Tinker, Kelly Judge, Michael Bondoc and Wesley Mead
2018-04-12 Order by, Row, IT IS HEREBY ORDERED THAT:
The Attorney General of Quebec is granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal.
Granted
2018-04-11 Motion to strike out, (Letter Form), Request - Motion to Strike Intervener Facta, Completed on: 2018-04-11 Her Majesty the Queen
2018-04-11 Correspondence received from, (Letter Form), Ms. Marie-France Major, re: Response to Motion to Stike.
 Edward Tinker, Kelly Judge, Michael Bondoc and Wesley Mead
2018-04-11 Correspondence received from, (Letter Form), Mr. Andrew Stobo Sniderman, re: Response to Motion to Stike.
 Yukon Legal Services Society
2018-04-11 Correspondence received from, (Letter Form), Ms. Jackie Esmonde, re: Response to Motion to Stike.
 Colour of Poverty - Colour of Change
2018-04-11 Order on motion to extend time, (BY JUSTICE ROWE)
2018-04-11 Decision on motion to extend time, Row, UPON APPLICATION by the Yukon Legal Services Society for an extension of time to serve and file their revised factum on or before April 12, 2018, in the above appeals;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motion is granted.
Granted
2018-04-11 Submission of motion to extend time, Row
2018-04-11 Response to motion to extend time, (Letter Form), Completed on: 2018-04-10 Her Majesty the Queen
2018-04-10 Response to motion to extend time, (Letter Form), (Joint with 37427), Completed on: 2018-04-10 Attorney General of Quebec
2018-04-10 Response to motion to extend time, (Letter Form), Completed on: 2018-04-10 Edward Tinker, Kelly Judge, Michael Bondoc and Wesley Mead
2018-04-10 Motion to extend time, (Letter Form), to serve and file a revised factum on or before April 12, 2018. (Joint with 37427), Completed on: 2018-04-10 Yukon Legal Services Society
2018-04-09 Correspondence received from, (Letter Form), Marie-France Major. Request for 2 reserved seats. Edward Tinker, Kelly Judge, Michael Bondoc and Wesley Mead
2018-04-09 Notice of appearance, (Letter Form), Joint 37427 - Andrew Stobo Sniderman and Vincent Larochelle will be appearing. Mr. Sniderman will present oral argument.
 Yukon Legal Services Society
2018-04-09 Intervener's factum, (Book Form), (Joint with 37427) Motion for extension of time required (received 2018-04-10). , Completed on: 2018-04-16 Yukon Legal Services Society
2018-04-05 Correspondence received from, (Letter Form), All appellants - Joint with 37427, 37774, 37782 and 37783; Proposed speaking order of appellants. Edward Tinker, Kelly Judge, Michael Bondoc and Wesley Mead
2018-04-03 Notice of appearance, (Letter Form), Sylvain Leboeuf, Julien Bernard and Julie Dassylva will be appearing. Mr. Leboeuf will present oral argument. Attorney General of Quebec
2018-04-03 Notice of appearance, (Letter Form), Vanora Simpson and Breana Vandebeek will be appearing. Mr. Simpson will present oral argument. Request 4 reserved seat. Criminal Lawyers' Association of Ontario
2018-04-03 Intervener's factum, (Book Form), (joint with 37424, 37782 and 37783), Completed on: 2018-04-03 Colour of Poverty - Colour of Change
2018-04-03 Intervener's factum, (Book Form), Completed on: 2018-04-03 Criminal Lawyers' Association of Ontario
2018-04-03 Intervener's book of authorities, (Book Form), (Joint with 37427, 37782 and 37783), Completed on: 2018-04-03 Canadian Civil Liberties Association
2018-04-03 Intervener's factum, (Book Form), (Joint with 37427, 37782 and 37783), Completed on: 2018-04-03 Canadian Civil Liberties Association
2018-03-29 Notice of appearance, (Letter Form), Christopher Bredt, Pierre Gemson and Alannah Fotheringham will be appearing. Mr. Bredt will presetn oral argument. (Joint with 37427, 37782, 37783) Canadian Civil Liberties Association
2018-03-29 Notice of appearance, (Letter Form), Michael Perlin and Philippe Cowle will be appearing. Mr. Perlin will present oral argument. (joint with 37782, 37783) Her Majesty the Queen
2018-03-29 Certificate (on limitations to public access), (Book Form), (Joint with 37427) Aboriginal Legal Services
2018-03-29 Intervener's book of authorities, (Book Form), (Joint with 37427), Completed on: 2018-03-29 Aboriginal Legal Services
2018-03-29 Intervener's factum, (Book Form), (Joint with 37427), Completed on: 2018-03-29 Aboriginal Legal Services
2018-03-29 Intervener's book of authorities, (Book Form), Electronic version missing, Incomplete Attorney General of Quebec
2018-03-29 Intervener's factum - AG on constitutional question, (Book Form), Completed on: 2018-03-29 Attorney General of Quebec
2018-03-27 Notice of appearance, (Letter Form), Jonathan Rudin and Caitlyn E. Kasper will be appearing. Mr. Rudin will present oral argument. (Joint with 37427) Aboriginal Legal Services
2018-03-27 Notice of appearance, (Letter Form), Jackie Esmonde, Daniel Rhode and Marie Chen will be appearing. Ms. Esmonde will present oral argument. (Joint with 37427, 37782, 37783) Colour of Poverty - Colour of Change
2018-03-27 Correspondence received from, (Letter Form), All the respondents; Joint in 37427, 37774, 37782 and 37783; Proposed speaking order of respondents Her Majesty the Queen
2018-03-19 Appeal perfected for hearing
2018-03-12 Notice of hearing sent to parties
2018-03-12 Appeal hearing scheduled, 2018-04-18, Day 2 (FOR WEBCASTING PURPOSES ONLY)
2018-03-12 Appeal hearing scheduled, 2018-04-17, Day 1
DUE DATES FOR SERVING AND FILING DOCUMENTS: Notice of appeal on or before December 4, 2017; Notice of constitutional question on or before December 4, 2017; Notice of intervention respecting constitutional question on or before January 19, 2018; Appellants’ record, factum and book of authorities, if any, on or before January 22, 2018; Motion for leave to intervene on or before February 12, 2018; Responses to the motions for leave to intervene on or before February 19, 2018; Replies to responses to the motions for leave to intervene on or before February 22, 2018; Respondent’s record, factum and book of authorities, if any, on or before March 12, 2018; Intervener's factum and book of authorities, if any, on or before April 3, 2018 (intervener by leave and with respect to constitutional question).
Judgment reserved
2018-03-08 Certificate (on limitations to public access), (Letter Form), Joint with 37782 and 37783 Her Majesty the Queen
2018-03-08 Respondent's book of authorities, (Book Form), Joint with 37782 and 37783, Completed on: 2018-03-08 Her Majesty the Queen
2018-03-08 Respondent's factum, (Book Form), Joint with 37782 and 37783, Completed on: 2018-03-08 Her Majesty the Queen
2018-03-07 Order on motion for leave to intervene, (BY JUSTICE ROWE)
2018-03-07 Decision on the motion for leave to intervene, Row, UPON APPLICATION by the Colour of Poverty – Colour of Change and Income Security Advocacy Centre (jointly) and the Canadian Civil Liberties Association for leave to intervene in the appeals Edward Tinker, et al. v. Her Majesty the Queen (37774), Garrett Eckstein v. Her Majesty the Queen (37782) and Daniel Larocque v. Her Majesty the Queen, et al. (37783);
AND UPON APPLICATION by the Aboriginal Legal Services, the Yukon Legal Services Society and the Criminal Lawyers’ Association of Ontario for leave to intervene in the appeal Edward Tinker, et al. v. Her Majesty the Queen (37774);
AND HAVING TAKEN NOTE OF THE ORDERS by Justice Abella dated November 2, 2017 and November 9, 2017 in the appeal Boudreault v. Her Majesty the Queen, et al. (37427) granting leave to intervene to the Colour of Poverty – Colour of Change and Income Security Advocacy Centre (jointly) the British Columbia Civil Liberties Association, the Aboriginal Legal Services, the Canadian Civil Liberties Association, the Pivot Legal Society, the Yukon Legal Services Society;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motions for leave to intervene are granted.
Given that the Canadian Civil Liberties Association, the Colour of Poverty – Colour of Change and the Income Security Advocacy Centre (jointly), the Aboriginal Legal Services Society and the Yukon Legal Services have each previously filed a factum in the appeal Alex Boudreault v. Her Majesty the Queen, et al. (37427), the said four (4) interveners shall be entitled to each serve and file a single revised factum common to all appeals not to exceed twelve (12) pages in length on or before April 3, 2018.
The Criminal Lawyers’ Association of Ontario shall be entitled to serve and file a factum not to exceed ten (10) pages in length, on or before April 3, 2018, in the appeal Edward Tinker, et al. v. Her Majesty the Queen (37774).
The said (5) five interveners are each granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeals.
The interveners are not entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties.
Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the interveners shall pay to the appellants and respondents any additional disbursements occasioned to them by the interventions.
Granted
2018-03-07 Submission of motion for leave to intervene, Row
2018-02-22 Reply to the motion for leave to intervene, (Letter Form), Joint with 37782 and 37783, Completed on: 2018-02-22 Colour of Poverty - Colour of Change
2018-02-22 Reply to the motion for leave to intervene, (Letter Form), Joint with 37782 and 37783, Completed on: 2018-02-22 Canadian Civil Liberties Association
2018-02-16 Response to the motion for leave to intervene, (Letter Form), Completed on: 2018-02-16 Edward Tinker, Kelly Judge, Michael Bondoc and Wesley Mead
2018-02-16 Response to the motion for leave to intervene, (Letter Form), Joint with 37782 and 37783, Completed on: 2018-02-16 Her Majesty the Queen
2018-02-12 Notice of name, (Letter Form) Canadian Civil Liberties Association
2018-02-12 Motion for leave to intervene, (Book Form), Joint with 37782 and 37783, Completed on: 2018-02-12 Canadian Civil Liberties Association
2018-02-12 Notice of name, (Letter Form) Yukon Legal Services Society
2018-02-12 Motion for leave to intervene, (Letter Form), Completed on: 2018-02-12 Yukon Legal Services Society
2018-02-12 Notice of name, (Letter Form) Criminal Lawyers' Association of Ontario
2018-02-12 Motion for leave to intervene, (Book Form), Completed on: 2018-02-12 Criminal Lawyers' Association of Ontario
2018-02-07 Notice of name, (Letter Form) Colour of Poverty - Colour of Change
2018-02-07 Motion for leave to intervene, (Letter Form), Joint with 37782 and 37783, Completed on: 2018-02-07 Colour of Poverty - Colour of Change
2018-02-05 Notice of name, (Book Form) Aboriginal Legal Services
2018-02-05 Motion for leave to intervene, (Book Form), Affidavit of Darcy Belisle filed in a separate book., Completed on: 2018-02-05 Aboriginal Legal Services
2018-01-22 Certificate of counsel (attesting to record), (Letter Form) Edward Tinker, Kelly Judge, Michael Bondoc and Wesley Mead
2018-01-22 Appellant's book of authorities, (Book Form), Completed on: 2018-01-22 Edward Tinker, Kelly Judge, Michael Bondoc and Wesley Mead
2018-01-22 Appellant's record, (Book Form), (2 volumes), Completed on: 2018-01-22 Edward Tinker, Kelly Judge, Michael Bondoc and Wesley Mead
2018-01-22 Appellant's factum, (Book Form), service missing - rec'd on Jan.23/2018., Completed on: 2018-02-08 Edward Tinker, Kelly Judge, Michael Bondoc and Wesley Mead
2018-01-19 Notice of name Attorney General of Quebec
2018-01-19 Notice of intervention respecting a constitutional question, Completed on: 2018-01-19 Attorney General of Quebec
2017-12-12 Intervener's book of authorities, (Book Form), (Joint with 37427, 37782 and 37783), Completed on: 2017-12-12 Colour of Poverty - Colour of Change
2017-12-04 Notice of constitutional question(s), (Letter Form), (AGs served on Dec.4/2017 via email), Completed on: 2017-12-04 Edward Tinker, Kelly Judge, Michael Bondoc and Wesley Mead
2017-12-04 Notice of appeal, (Letter Form), Completed on: 2017-12-04 Edward Tinker, Kelly Judge, Michael Bondoc and Wesley Mead
2017-11-24 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2017-11-24 Judgment on leave sent to the parties
2017-11-23 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2017-11-23 Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C60413, 2017 ONCA 552, dated June 30, 2017 is granted without costs. The appeal will be heard with Alex Boudreault v. Her Majesty the Queen, et al. (37427), Garrett Eckstein v. Her Majesty the Queen (37782) and Daniel Larocque v. Her Majesty the Queen, et al. (37783). The schedule for serving and filing materials will be set by the Registrar. The appellants are required to serve and file a Notice of Constitutional Question in Form 33B in accordance with subrules 33(2) and (3) of the Rules of the Supreme Court of Canada.
Granted, without costs
2017-10-27 All materials on application for leave submitted to the Judges, for consideration by the Court
2017-10-11 Respondent's response on the application for leave to appeal, (Letter Form), (joint with 37782 and 37783) Printed version filed on 2017-10-12., Completed on: 2017-10-11 Her Majesty the Queen
2017-10-02 Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED 2017-10-02
2017-09-28 Certificate (on limitations to public access) Edward Tinker, Kelly Judge, Michael Bondoc and Wesley Mead
2017-09-28 Application for leave to appeal, (Book Form), CA order missing: received 2017-10-17, Completed on: 2017-10-20 Edward Tinker, Kelly Judge, Michael Bondoc and Wesley Mead

Parties

Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.

Main parties

Main parties - Appellants
Name Role Status
Edward Tinker, Kelly Judge, Michael Bondoc and Wesley Mead Appellant Active

v.

Main parties - Respondents
Name Role Status
Her Majesty the Queen Respondent Active

Other parties

Other parties
Name Role Status
Attorney General of Quebec Intervener Active
Aboriginal Legal Services Intervener Active
Colour of Poverty - Colour of Change Intervener Active
Income Security Advocacy Centre Intervener Active
Criminal Lawyers' Association of Ontario Intervener Active
Yukon Legal Services Society Intervener Active
Canadian Civil Liberties Association Intervener Active

Counsel

Party: Edward Tinker, Kelly Judge, Michael Bondoc and Wesley Mead

Counsel
Daniel C. Santoro
Delmar Doucette
Megan Howatt
Doucette Santoro Furgiuele
20 Dundas Street West
Suite 1039
Toronto, Ontario
M5G 2C2
Telephone: (416) 922-7272
FAX: (416) 342-1766
Email: santoro@dsflitigation.com
Agent
Marie-France Major
Supreme Advocacy LLP
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca

Party: Her Majesty the Queen

Counsel
Michael Perlin
Phillippe Cowle
Ministry of the Attorney General of Ontario
720 Bay Street
10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4600
FAX: (416) 326-4656
Email: michael.perlin@ontario.ca
Agent
Nadia Effendi
Borden Ladner Gervais LLP
World Exchange Plaza
100 Queen Street, suite 1300
Ottawa, Ontario
K1P 1J9
Telephone: (613) 787-3562
FAX: (613) 230-8842
Email: neffendi@blg.com

Party: Attorney General of Quebec

Counsel
Sylvain Leboeuf
Julie Dassylva
Julien Bernard
Procureur général du Québec
1200, Route de l'Église, 2ème étage
Québec, Quebec
G1V 4M1
Telephone: (418) 643-1477 Ext: 21010
FAX: (418) 644-7030
Email: Sylvain.leboeuf@justice.gouv.qc.ca
Agent
Pierre Landry
Noël et Associés, s.e.n.c.r.l.
111, rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 503-2178
FAX: (819) 771-5397
Email: p.landry@noelassocies.com

Party: Aboriginal Legal Services

Counsel
Caitlyn E. Kasper
Jonathan Rudin
Aboriginal Legal Services
211 Yonge Street
Suite 500
Toronto, Ontario
M5B 1M4
Telephone: (416) 408-4041 Ext: 229
FAX: (416) 408-1568
Email: kasperc@lao.on.ca
Agent
Michael Bossin
Community Legal Services-Ottawa Carleton
1 Nicholas Street, Suite 422
Ottawa, Ontario
K1N 7B7
Telephone: (613) 241-7008 Ext: 5224
FAX: (613) 241-8680
Email: bossinm@lao.on.ca

Party: Colour of Poverty - Colour of Change

Counsel
Jackie Esmonde
Daniel Rohde
Avvy Yao Yao Go
Shalini Konanur
Marie Chen
Income Security Advocacy Centre
1500-55 University Avenue
Toronto, Ontario
M5J 2H7
Telephone: (416) 597-5820 Ext: 5153
FAX: (416) 597-5821
Email: esmondja@lao.on.ca
Agent
Marie-France Major
Supreme Advocacy LLP
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca

Party: Income Security Advocacy Centre

Counsel
Jackie Esmonde
Daniel Rohde
Avvy Yao Yao Go
Shalini Konanur
Marie Chen
Income Security Advocacy Centre
1500-55 University Avenue
Toronto, Ontario
M5J 2H7
Telephone: (416) 597-5820 Ext: 5153
FAX: (416) 597-5821
Email: esmondja@lao.on.ca
Agent
Marie-France Major
Supreme Advocacy LLP
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca

Party: Criminal Lawyers' Association of Ontario

Counsel
Vanora Simpson
Breana Vandebeek
Goldblatt Partners LLP
20 Dundas Street West
Suite 1039
Toronto, Ontario
M5G 2C2
Telephone: (416) 979-6437
FAX: (416) 591-7333
Email: vsimpson@goldblattpartners.com
Agent
Colleen Bauman
Goldblatt Partners LLP
500-30 Metcalfe St.
Ottawa, Ontario
K1P 5L4
Telephone: (613) 482-2463
FAX: (613) 235-3041
Email: cbauman@goldblattpartners.com

Party: Yukon Legal Services Society

Counsel
Vincent Larochelle
Andrew Stobo Sniderman
Tutshi Law Centre
2131, Second Avenue
Suite 203
Whitehorse, Yukon Territory
Y1A 1C3
Telephone: (867) 667-7275
FAX: (867) 667-4449
Email: vlarochelle@legalaid.yk.ca
Agent
Michael Bossin
Community Legal Services-Ottawa Carleton
1 Nicholas Street, Suite 422
Ottawa, Ontario
K1N 7B7
Telephone: (613) 241-7008 Ext: 5224
FAX: (613) 241-8680
Email: bossinm@lao.on.ca

Party: Canadian Civil Liberties Association

Counsel
Christopher D. Bredt
Pierre N. Gemson
Alannah M. Fotheringham
Borden Ladner Gervais LLP
22 Adelaide Street West Suite 3400
Toronto, Ontario
M5H 4E3
Telephone: (416) 367-6165
FAX: (416) 367-6749
Email: cbredt@blg.com
Agent
Nadia Effendi
Borden Ladner Gervais LLP
World Exchange Plaza
100 Queen Street, suite 1300
Ottawa, Ontario
K1P 1J9
Telephone: (613) 787-3562
FAX: (613) 230-8842
Email: neffendi@blg.com

Summary

Keywords

Charter of Rights and Freedoms - Constitutional law - Criminal law - Sentencing - Victim surcharge - Cruel and unusual treatment or punishment - Accused ordered to pay surcharge under s. 737 of Criminal Code - Constitutionality of s. 737 Cr. C. - Whether victim surcharge contained in s. 737 of the Criminal Code constitutes cruel and unusual punishment in violation of s. 12 of the Charter in a manner not saved by s. 1 - Whether victim surcharge constitutes cruel and unusual punishment in violation of s. 7 of the Charter in a manner not saved by s. 1 - Whether any violation can be remedied under s. 52 of the Constitution Act, 1982 by reading-in judicial discretion to waive the surcharge where imposing it would violate the offender’s ss. 7 or 12 of Charter rights - Canadian Charter of Rights and Freedoms, ss. 7 and 12 - Criminal Code, R.S.C. 1985, c. C 46, s. 737.

Summary

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

The appellants were charged separately for various offences pursuant to the Criminal Code. Each appellant entered guilty pleas on different days. Taking into account the financial circumstances of the appellants, the sentencing judge did not find it to be part of a fit sentence to impose a victim surcharge as part of any of their sentences. He held that the requirement in s. 737(1) and s. 737(2)(b) of the Criminal Code for a surcharge, where no fine is imposed on the offender, infringes s. 7 of the Charter and cannot be saved by s. 1. The sentencing judge declared that the requirement for a mandatory surcharge in s. 737(1) and s. 737(2)(b) was of no force and effect.

A Superior Court judge overturned the sentencing judge’s decision, ruling that the provision did not infringe the Charter, and applied the surcharge to each appellant in accordance with s. 737 of the Criminal Code. The Ontario Court of Appeal dismissed the appellants’ appeals.

Lower court rulings

April 23, 2014
Ontario Court of Justice

2014 ONCJ 208

No surcharge imposed.
January 28, 2015
Ontario Superior Court of Justice

2015 ONSC 2284

Surcharge valid and not contrary to s. 7
June 30, 2017
Court of Appeal for Ontario

2017 ONCA 552, C60413, C60478, C61572

Appeal dismissed

Memorandums of argument on application for leave to appeal

The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filing out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.

If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.

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Factums on appeal

The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.

If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.

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Date modified: 2025-02-27