Bill C-37: An Act to amend the Criminal Code
Motion No. 1 — December 5, 2012 — Ms. May (Saanich—Gulf Islands) — That Bill C-37, in Clause 3, be amended by adding after line 22 on page 1 the following:
“(1.1) With respect to a victim surcharge levied under subsection (1), a judge may, on application of the offender, suspend the immediate collection of the surcharge if the offender demonstrates
(a) that he or she is unable to immediately pay the surcharge owing to poverty;
(b) that the immediate payment of the surcharge would interfere with his or her rehabilitation; or
(c) that he or she is unable to immediately pay the surcharge and the fine option program referred to in section 736, or a similar program, is not available.
(1.2) In determining whether to suspend the collection of a victim surcharge under subsection (1.1), a judge may take into consideration whether the offender is a member of a First Nation.”