The Federal Victim Surcharge - The 2013 Amendments and their Implementation in Nine Jurisdictions

Appendix A

Letter of Information
The Federal Victim Surcharge Post former Bill C-37
January 2016

Former Bill C-37, which doubled the amount of the federal victim surcharge and removed judicial discretion of a waiver, came into effect on October 24, 2013. The Research and Statistics Division, Department of Justice Canada, is interested in better understanding how the enforcement of the mandatory federal victim surcharge and resulting collection of monies owed works in the different jurisdictions. The results will be used to identify the impacts of the 2013 amendments to the federal victim surcharge.

As part of this project, Dr. Moira Law has been contracted to undertake interviews with key informants in the criminal justice system, specifically in courts administration and/or in community corrections. We would like to invite you to share your knowledge and experience on enforcement and collection in a telephone interview. You will not be asked for your opinions or perspectives on any of the issues addressed. The interviews will take approximately 30 minutes to complete. The questions are attached for your information.

Individuals will not be named in the report, although jurisdictions will be identified by their specific practices, for example whether or not there is a Fine Option Program. Dr. Law will keep interview notes in a secure location on her work premises and these notes will be destroyed once the final report has been accepted by the Department of Justice.

There are no anticipated risks associated with participation in this interview.  

If you agree to participate, but later change your mind, you may withdraw at any time or you may choose not to answer any question. Your participation in this project is greatly appreciated.

The research report will be released to the public. A summary of the key outcomes associated with this research will be shared directly with participants.

If you have any questions about the research, please contact Dr. Moira Law at (506) 849-2746 or by email at lawdom10@rogers.com.  If you have any concerns regarding this research project and wish to speak to someone other than the researchers please contact Dr. Susan McDonald, at the Department of Justice Canada, by phone at 613-957-9315 or by email at smcdonal@justice.gc.ca.

Interview Guide
The Federal Victim Surcharge Post Former Bill C-37
January 2016

    1. What is the standard process in your jurisdiction followed by court staff/community corrections in order to collect the federal victim surcharge where the offender is unable to pay?
    2. Is this process documented in a policy, manual or guidelines? Y/N
  2. Does your jurisdiction offer a Fine Option Program? Y/N
    1. Is the Fine Option Program available to the federal victim surcharge? Y/N
    2. When did it become available?
  4. Based on your records, since November 2013, how many offenders cannot pay their federal victim surcharge and are being referred to the Fine Option Program? What proportion of total offenders does this group represent?
  5. Since November 2013, where offenders cannot pay their federal victim surcharge and there is no Fine Option Program, or it is not available in these cases, how is your jurisdiction enforcing these orders?
  6. Based on your records, since November 2013 how many offenders’ cases, where their federal victim surcharge has not been paid, are referred to collection agencies? What proportion of total offenders does this group represent?
    1. Since November 2013, what other measures are used to enforce payment of the federal victim surcharge in your jurisdiction? For example, income tax refund hold back, denial of renewal of driver’s license, denial of renewal of other permits/licenses, etc.
    2. Were any of these measures added after former Bill C-37 came into force? If so, which ones?
  8. Subsection 737(4) of the Criminal Code notes that the jurisdiction is to establish the time in which a surcharge must be paid and, “If no time has been so established, the surcharge is payable within a reasonable time after its imposition.”Footnote 1
    1. Has a time frame been established by the Lieutenant Governor in Council of your jurisdiction? Y/N If so, what is the time frame?
    2. How was this time frame communicated? (e.g. memo to staff, issuance of guidelines, etc)
    3. From your records, what percentage of the federal victim surcharge is being collected within a “reasonable time” as defined by your jurisdiction?
  9. Based on your experience, what problems have you had with the enforcement of/collection of the federal victim surcharge?
  10. Based on your experience in your jurisdiction, what has been the impact of the mandatory surcharge (e.g. since former Bill C-37 came into force) on:
    1. Resources in courts administration and community corrections in your jurisdiction,
    2. Revenues to fund victim services, and
    3. Ability of offenders to complete their sentences?