Justice Minister Peter MacKay says judges who refuse to apply mandatory penalties for convicted criminals are showing contempt for the law. As part of its tough-on -crime agenda, the current Canadian government doubled the amount criminals should pay for victim’s services. The fine for a summary or less serious offence is $100, and for an indictable offence it is $200.
Justice Colin Westman is one of several judges who have denounced the mandatory surcharge and used their discretion to get around it. Some judges have given criminals 99 years to pay. Others have reduced the fine to $1. Westman notes that criminals often don’t have the means to pay, and the court does not have to means to ensure they do.
MacKay says judges like everyone else are expected to respect legislation passed in a democratically elected Parliament. The minister can file a complaint with the judicial council, but it looks like he will first wait to see what happens in cases where the crown has appealed the lesser penalties imposed by the dissenting judges.
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