The Federal Victim Surcharge in Saskatchewan

Appendix B

Guide for Crown/Defence – Restitution - Surcharge

Restitution

  1. What do you see as being the prime purpose of restitution?
  2. Do you think restitution should be a priority of the criminal justice system?
  3. What are the factors you consider when determining whether or not to request/contest/agree to restitution?
  4. How do these factors differ when you are considering restitution as a stand-alone order or as a condition of Probation or a Conditional Sentence?
  5. What are the challenges with restitution? (Provide prompt if necessary: for example quantifying damages? Enforcement/collection? Lack of supervision for stand alones? Time limitations?)
  6. How well do you think victims/offenders understand restitution in terms of what can be expected (victims)/what is their responsibility (offenders)?
  7. Are there any other comments/observations you would like to make about restitution?

Surcharge

  1. Can you tell me what your understanding of the federal victim surcharge is? What is its purpose, and how is it applied?
  2. Do you fundamentally agree with the philosophy behind the surcharge? In your opinion is the federal victim surcharge a meaningful consequence?
  3. What is your perception regarding the usage of funds received from the federal victim surcharge? For instance, what do you think happens to the money collected?
  4. Do you feel the % presently being imposed / collected is satisfactory?
  5. What has SK done to improve the awareness of the federal victim surcharge for all parties involved, e.g., crowns, defence, judges and offenders? How were you made aware of surcharge provisions?  Has SK done anything to make professionals and offenders aware of the surcharge provisions?  Can you give examples?
  6. In your recollection, how often is the federal victim surcharge discussed in court (i.e. by Crown, defence, judge)? Who typically raises the issue, and why?
  7. In practice, does the Court assume automatic imposition of the federal victim surcharge? If not, what practices or “understandings” have evolved at your local level?
  8. When the federal victim surcharge is waived, is a reason typically stated? If yes, what is the reason typically given?
  9. The Criminal Code provides for means tests to prove undue hardship. In your experience have you seen or heard such evidence in your area? In your recollection, what is the typical evidence used to prove “undue hardship”?
  10. Is default time a meaningful consequence for non-payment of the surcharge? Besides incarceration, what other remedies for non-payment could be considered?
  11. In 1999 when the federal government amended the surcharge provisions in the Code they anticipated increased revenues. In many jurisdictions these increased revenues have not materialized. In your opinion, why has the anticipated revenue not been realized?
  12. Are there any issues which we haven’t covered that you would like to comment on?

Guide for Programs/Policy – Restitution and Surcharge

Restitution

  1. Can you describe the different programs that have been in place in Saskatchewan for restitution enforcement in the past number of years? (NB: Timeframe will depend on the corporate history of those being interviewed. For example, it could be the past 4 years or past 8-10 years. It will be important to capture the shift in program structure in 05/06 from Corrections to Victims.)
  2. What are the benefits of the current program and its structure?
  3. What are some of the remaining challenges or limitations of the program? Do you have any ideas on how to address those challenges/limitations?
  4. Can you describe some of your successful interventions? Why were these successful?
  5. How well do you think victims understand the restitution process? Explain.
  6. How well do you think offenders understand the restitution process? Explain.
  7. Are there any other comments/observations you would like to make about restitution?

Surcharge

  1. Can you tell me what your understanding of the federal victim surcharge is? What is its purpose, and how is it applied?
  2. Do you fundamentally agree with the philosophy behind the surcharge? In your opinion is the federal victim surcharge a meaningful consequence?
  3. What is your perception regarding the usage of funds received from the federal victim surcharge? For instance, what do you think happens to the money collected?
  4. Do you feel the % presently being imposed / collected is satisfactory?
  5. What has SK done to improve the awareness of the federal victim surcharge for all parties involved, e.g., crowns, defence, judges and offenders? How were you made aware of surcharge provisions? Has SK done anything to make professionals and offenders aware of the surcharge provisions?  Can you give examples?
  6. In your recollection, how often is the federal victim surcharge discussed in court (i.e. by Crown, defence, judge)? Who typically raises the issue, and why?
  7. In practice, does court assume automatic imposition of the federal victim surcharge? If not, what practices or “understandings” have evolved at your local level?
  8. When the federal victim surcharge is waived, is a reason typically stated? If yes, what is the reason typically given?
  9. The Criminal Code provides for means tests to prove undue hardship. In your experience have you seen or heard such evidence in your area? In your recollection, what is the typical evidence used to prove “undue hardship”?
  10. Is default time a meaningful consequence for non-payment of the surcharge? Besides incarceration, what other remedies for non-payment could be considered?
  11. In 1999 when the federal government amended the surcharge provisions in the Code they anticipated increased revenues. In many jurisdictions these increased revenues have not materialized. In your opinion, why has the anticipated revenue not been realized?
  12. Saskatchewan has entered into Canada Revenue Agency’s Refund Set-Off Program, which allows the province to recover an individual’s unpaid fines from his/her income tax refund or GST credit. From your perspective what impact has/will the program have on the collection of federal victim surcharge revenues?
  13. Are there any issues which we haven’t covered that you would like to comment on?

Interview Guide for Probation – Restitution

  1. What is your role in the restitution process?
  2. Would you say that restitution enforcement is a priority for probation officers in general? For you?
  3. How do you ensure compliance with restitution? What do you/can you do to encourage compliance?
  4. What is the most effective form of a restitution order as part of probation/ (e.g. monthly payments compared to pay by end of probation)
  5. Do you ever see stand-alone orders, be it separate from the community-based sentences or where restitution has been divided with a portion on the community based-sentence and a portion through stand-along?
  6. Would you recommend any changes to the restitution process to improve enforcement of restitution orders for victims? Please explain.
  7. How do you find the relationship/set-up between Victim Services Restitution Program and Probation Services?
  8. Are there any other comments/observations you would like to make about restitution?

Interview Guide for Courts – Restitution and Surcharge

Restitution

  1. How is restitution orders registered and enforced? Is this consistent across the province?
  2. What is your role in the restitution process?
  3. What are the barriers in enforcing restitution orders?
  4. What could be done to improve restitution processes for victims of crime?
  5. Is it possible to determine the numbers of restitution orders registered with the Registry (Queen’s Bench Court)?

Surcharge

  1. Can you tell me what your understanding of the federal victim surcharge is? What is its purpose, and how is it applied?
  2. Do you fundamentally agree with the philosophy behind the surcharge? In your opinion is the federal victim surcharge a meaningful consequence?
  3. What is your perception regarding the usage of funds received from the federal victim surcharge? For instance, what do you think happens to the money collected?
  4. Do you feel the % presently being imposed / collected is satisfactory?
  5. What has SK done to improve the awareness of the federal victim surcharge for all parties involved, e.g., crowns, defence, judges and offenders? How were you made aware of surcharge provisions? Has SK done anything to make professionals and offenders aware of the surcharge provisions?  Can you give examples?
  6. In your recollection, how often is the federal victim surcharge discussed in court (i.e. by Crown, defence, judge)? Who typically raises the issue, and why?
  7. In practice, does court assume automatic imposition of the federal victim surcharge? If not, what practices or “understandings” have evolved at your local level?
  8. When the federal victim surcharge is waived, is a reason typically stated? If yes, what is the reason typically given?
  9. The Criminal Code provides for means tests to prove undue hardship. In your experience have you seen or heard such evidence in your area? In your recollection, what is the typical evidence used to prove “undue hardship”?
  10. Is default time a meaningful consequence for non-payment of the surcharge? Besides incarceration, what other remedies for non-payment could be considered?
  11. In 1999 when the federal government amended the surcharge provisions in the Code they anticipated increased revenues. In many jurisdictions these increased revenues have not materialized. In your opinion, why has the anticipated revenue not been realized?
  12. Are there any issues which we haven’t covered that you would like to comment on?