Federal Victim Surcharge in New Brunswick: An Operational Review
Appendix A
Operational Review: Federal Victim Surcharge in New Brunswick
INFORMED CONSENT FOR KEY INFORMANTS
Purpose
The purpose of informed consent is to make sure that you understand the nature of the project and your involvement in it. This document provides you with information to help you decide if you wish to participate in the study.
Research Title
Federal Victim Surcharge: An Operational Review of New Brunswick Provincial Courts.
Research Personnel
The following people are involved in this project and may be contacted at any time:
Dr. Moira Law, Principal Researcher (506-849-2746) or Dr. Susan MacDonald, Senior Research Officer with Department of Justice Canada (613-957-9315).
Purpose of the Project
The general purpose of the project is an operational review of the imposition, implementation and enforcement of the federal victim surcharge in New Brunswick Provincial Courts. The survey will include an examination of the rate of imposition/waives of federal victim surcharge by the court and the documentation surrounding the federal victim surcharge and the rate of offender’s adherence to the imposed fine, as well as extenuating variables that influence the imposition or enforcement process. The Researchers will ask to meet with you for approximately an hour to answer questions about your experience with this process. Your participation would be greatly appreciated in helping us understand how the surcharge regime in New Brunswick presently operates, as well as giving directions for future amendments in it implementation.
Right to Withdraw
There are no rewards for participating in this project and you may withdraw at any time. This means you may refuse to answer any of the Researchers’ questions at any time. There is no penalty for you if you decide not to participate in the project, or to withdraw from the project at a later date.
Anonymity / Confidentiality
All research information gathered during the project will remain confidential. Absolutely no unique identifiers, e.g. name, position, or court that could reveal a participant’s identity will be reported. Results of this study will be presented by regions, not individual courts, thereby ensuring no individual’s opinions or practices could be identified. Access to any of the research information collected is restricted to the Main Researcher and the Research Assistant. All information collected during the project will be kept in a locked cabinet at the Main Researcher’s place of employment for approximately five years (March 31, 2011), after which it will be destroyed by shredding.
Follow-Up
At the end of the project, a summary report will be available upon request by contacting the Principal Researcher at 506-849-2746, mlaw@unbsj.ca, or moiralaw@nbnet.nb.ca.
Authorizations
I have read the above description of the federal victim surcharge: An Operational Review in New Brunswick Provincial Court study. The purpose and method of the project have been explained to me and I understand the explanation. I have been given an opportunity to ask questions about the study and I am satisfied with the answers that I have been given.
I hereby consent to participate as a volunteer in the project. I also give my permission to the Researchers to make use of the information gathered in the study, including scholarly publications.
Please print your name and add your signature and the date. Thank you for your participation in this project.
KEY INFORMANT
- Name:
- Signature:
- Date:
RESEARCHER
- Name:
- Signature:
- Date:
KEY INFORMANT INTERVIEW GUIDELINES
Key Informant
- Agency:
- Position:
- Date:
- Interviewer:
2.1 Credentials and Experience
- 2.1.1 Academic discipline
- Law
- Psychology
- Social Work
- Other
- 2.1.2 Number of months with provincial courts
- 2.1.3 Current work experience/position(s)
2.2 Federal victim surcharge: Information/Perceptions/Attitudes
- 2.2.1 Can you tell me what your understanding of the federal victim surcharge is? How is it applied?
- 2.2.2 How do you feel about the federal victim surcharge?
- 2.2.3 Firstly, what is your understanding of the purpose the federal victim surcharge and secondlyin your opinion is the federal victim surcharge a meaningful consequence? Do youfundamentally agree with the philosophy behind the surcharge?
- 2.2.4 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? Are you aware that surcharge revenues are the sole source of funding for victim services in New Brunswick – i.e., there is no other source of funding for victim services?
- 2.2.5 Do you realize that victim services cost approximated $1.6 million a year and the surcharge is only generating $250,000? Knowing this, do you feel the % presently being imposed / collected is satisfactory?
- 2.2.6 Would a symbolic increase in the monetary amount of the federal victim surcharge be appropriate to emphasize offenders’ accountability to the victim?
- 2.2.7 What has NB 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 NB done anything to make professionals and offenders aware of the surcharge provisions? Can you give examples?
2.3 Federal victim surcharge: Imposition
- 2.3.1 In practice, does your court assume automatic imposition of the federal victim surcharge? Are you aware that the offender shall pay a surcharge unless waived by the court? How is the automatic nature of the imposition of the federal victim surchargereflected in court documentation/proceedings? For instance, is the imposition/waiving of the surcharge noted on the back of the information?
- 2.3.2 Are you aware that in 1999 the law was changed to ensure that the imposition of the surcharge was automatic? In your recollection – is the surcharge being imposed in every case? If not, what practices or “understandings” have evolved at your local level?
- 2.3.3 In February 2003, a directive was forwarded to Court Services Division, indicating that court services staff were to add a surcharge if the court did not impose or waive the surcharge.
To your knowledge is this being followed? How so? - 2.3.4 In your opinion, is the present system as outlined in that 2003 directive the optimal means of implementing the federal victim surchargeor are there more effective ways of doing this?
- 2.3.5 The Criminal Code provides for means test s to prove undue hardship. In your experiences have you seen or heard such evidence in your area? In your recollection, what is the typical evidence used to prove “undue hardship”
- 2.3.6 From your recollection…when the federal victim surcharge is waived, is a reason typically stated? Is this reason recorded as part of the endorsement on the back of the Information?
- 2.3.7 From your recollection, what is the typical reason(s) given for non-imposition?
- 2.3.8 In your recollection, how often (never/seldom/frequently/very frequently) have the defence directly spoken to an offender’s ability to pay?
- 2.3.9 Do you believe the federal surcharge should be mandatory as is the provincial…If so, why? If not, why not?
- 2.3.10 Are there any other thoughts you have on the imposition of the VFS that you would like to speak to?
2.4 Federal victim surcharge: Collection / Enforcement
- 2.4.1 As you may know, if an offender fails to pay the federal victim surcharge, (s)he may be incarcerated for non-payment based on the default formula whereby an amount equal to eight times the provincial minimum wage can be satisfied for each day spent in jail. If, for example, an offender failed to pay a $50 surcharge, this would only result in a single day's incarceration. At present, incarceration is the only enforcement remedy in use. What other remedies could be used to encourage payment?
- 2.4.2 Is default time a meaningful consequence for non-payment of surcharge. Besides incarceration, what other remedies for non-payment could be considered?
- 2.4.3 What if any operational issues have the use of default time as a penalty imposed on your department i.e., shortfall in monies collected, overcrowding in correctional facilities?
- 2.4.4 How could this be changed for the better?
- 2.4.5 What if any impediments would need to be overcome jurisdictionally to implement options other than default time as a penalty?? For instance, the Code provides options such as license sanctions, filing civil judgments however this would necessitate the need to address insurance issues or costs to implement such options.
- 2.4.6 Are there any other thoughts you have on the collection of the federal victim surcharge that you would like to speak to?
2.5 Federal victim surcharge: Implementation Issues
- 2.5.1 In 1999 when the federal government amended the surcharge provisions for the Code they estimated $1.6 million would be realized annually in NB. As mentioned earlier over the last five years $250,000 has been raised annually– the same amount as prior to the CC amendments. In your opinion, why has the anticipated revenue to be generated in NB not been realized?
2.6 Other Concerns
- 2.6.1 Are there any issues which we haven’t covered that you would like to comment on?
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