Case name

Mandatory Victim Surcharges Class Action

Quebec Superior Court file #

500-06-000960-183;

Violations

On December 14, 2018, the Supreme Court of Canada rendered a decision finding that the mandatory victim surcharge imposed by section 737 of the Criminal Code violates section 12 of the Charter, is therefore unconstitutional and declared it to be of no force and effect immediately (R. v. Boudreault, 2018 SCC 58).

This class action seeks damages from the Attorney General of Quebec and Her Majesty the Queen on behalf of all persons who, since 1988, were required to pay monies to the state as a mandatory victim surcharge.

Proposed Class

Class A:

All persons who were required to pay monies to the state as a mandatory victim surcharge and who paid the entirety of the mandatory victim surcharge to the state before December 14, 2018;

Class B:

All persons who were required to pay monies to the state as a mandatory victim surcharge and who, as of December 14, 2018: (i) only paid a portion of the mandatory victim surcharge to the state; and (ii) still had a balance owing to the state on account of the mandatory victim surcharge;

Class C:

All persons who were required to pay monies to the state as a mandatory victim surcharge and who, as of December 14, 2018: (i) never paid any amount towards the mandatory victim surcharge; and (ii) still had a balance owing to the state on account of the mandatory victim surcharge;

Class D:

All persons who paid monies to the state as a mandatory victim surcharge (either partially or entirely) since December 14, 2018;

Remedies sought:

1) Reimbursement of the mandatory victim surcharge paid to the State by each Class Member since 1988;

2) Punitive damages in an amount to be determined for each Class Member, pursuant to s. 24(1) of the Charter; and

3) Moral damages to each Class Member.

Status

Authorization hearing scheduled for June 18, 2019