The Trudeau government plans to restore the victim surcharge the Supreme Court of Canada struck down five months ago — but sentencing judges will be given a new discretion to waive it when imposing the surcharge “would be disproportionate to the gravity of the offence and the degree of responsibility of the offender” or when imposing it would cause the offender “undue hardship,” The Lawyer’s Daily has learned.
Source: Ottawa to restore victim surcharge, but judges could waive for ‘undue hardship’ or disproportionality – The Lawyer’s Daily