Law360 Canada ( July 19, 2017, 9:14 AM EDT) -- Appeal by six offenders from sentencing decisions affirming the constitutionality of the mandatory victim surcharge regime. In 2013, s. 737(1) of the Criminal Code was amended to provide for the mandatory imposition of a victim surcharge in connection with sentencing. Prior to the amendment, a sentencing judge had discretion to exempt an offender from the surcharge where its imposition would cause undue hardship. The Code provided for a committal hearing process in the event of default of payment. The appellants were marginalized individuals due to mental and/or physical health, addiction, poverty, and/or immigration status. They received modest sentences for summary conviction offences. In respect of five of the six appellants, a summary conviction appeal court judge overturned a ruling finding the mandatory surcharge unconstitutional. In the case of the other appellant, the sentencing judge applied the summary conviction appeal court constitutionality ruling in imposing the surcharge. The appellants appealed. They submitted the mandatory nature of the surcharge violated their rights protected by ss. 7 and 12 of the Canadian Charter of Rights and Freedoms (Charter)....