Criminal Code of Canada - section 672.5(8.2) - Taxation of fees and disbursements

section 672.5(8.2)

INTRODUCTION AND BRIEF DESCRIPTION

This section outlines how fees and disbursements of counsel may be resolved in cases where there is a disagreement between counsel and the Attorney General.

SECTION WORDING

672.5(8.2) Where counsel and the Attorney General cannot agree on the fees or disbursements of counsel, the Attorney General or the counsel may apply to the registrar of the court and the registrar may tax the disputed fees and disbursements.

EXPLANATION

Section 672.5(8.2) of the Criminal Code of Canada establishes a mechanism for resolving disputes between counsel and the Attorney General over fees and disbursements in criminal cases. In essence, if there is a disagreement between the two parties over the amount of compensation that counsel is entitled to for their services, either the Attorney General or the counsel may apply to the registrar of the court for a determination of the appropriate fee. The registrar is responsible for "taxing" the disputed fees and disbursements, which means that they are tasked with reviewing the costs that have been claimed by counsel and determining a reasonable amount based on the nature and complexity of the case, as well as the customary rates for legal services in the relevant jurisdiction. This process is intended to provide an objective and impartial means of resolving disputes over fees and to ensure that counsel are fairly compensated for the work that they have done. The inclusion of this provision in the Criminal Code is important as it recognizes the importance of providing competent and effective legal representation to accused individuals in criminal proceedings. By establishing a mechanism for resolving disputes over fees, the provision helps to ensure that counsel are able to devote their full attention to their clients' cases without fear of being undercompensated for their efforts. This, in turn, contributes to the overall fairness and integrity of the criminal justice system.

COMMENTARY

Section 672.5(8.2) of the Criminal Code of Canada provides a mechanism for resolving disputes between counsel and the Attorney General with regard to legal fees and disbursements. The section empowers either party to apply to the registrar of the court to have the disputed fees and disbursements taxed. The registrar has the authority to evaluate the fees and disbursements and determine a fair and reasonable amount. The purpose of this section is to ensure that the fees and disbursements of counsel are reasonable and fair, while also providing a means of resolving disputes between counsel and the Attorney General in a timely and efficient manner. Without such a mechanism, disputes regarding fees and disbursements could result in protracted legal battles, causing delays and potentially escalating costs. The section reflects the importance of upholding the integrity of the legal profession and the administration of justice. Fees and disbursements charged by counsel must be reasonable and reflect the value of the services provided. Moreover, it is essential that clients are aware of the fees they will be charged and the services they are receiving. The process for having disputed fees and disbursements taxed is designed to be fair and transparent. The registrar must assess the fees and disbursements in accordance with established legal principles and must take into account the nature of the work performed, the complexity of the case, and the experience and expertise of the counsel. This section also recognizes the potential power imbalance between the Attorney General and counsel, particularly in cases where the defendant is indigent. By providing a means for resolving disputes, this section ensures that counsel can receive fair compensation for their services without fear of reprisal or retaliation from the Attorney General. However, the effectiveness of this section depends on the willingness of counsel and the Attorney General to bring disputes to the attention of the registrar and follow through with the process. Moreover, the registrar's decision may not always be satisfactory to both parties, leading to further disputes and potentially delaying the proceedings. In conclusion, Section 672.5(8.2) of the Criminal Code of Canada serves an important purpose in ensuring that legal fees and disbursements are fair and reasonable, while also providing a means of resolving disputes in a timely and efficient manner. However, the effectiveness of this section depends on the willingness of counsel and the Attorney General to utilize it, and there may be some instances where disputes cannot be fully resolved through this mechanism.

STRATEGY

Section 672.5(8.2) of the Criminal Code of Canada comes into play when the counsel and the Attorney General cannot agree on the fees or disbursements of the counsel. This provision provides an opportunity for either party to apply to the registrar of the court, who then arbitrates the dispute. In many ways, this provision makes the process more straightforward; however, there are still strategic considerations that counsel should bear in mind. One of the first things that counsel should consider is the potential cost of a dispute. If the dispute is significant, the cost of going through a dispute process could be prohibitive. Therefore, before going to the registrar, counsel should make an assessment of the costs involved and consider if they outweigh the benefits of a dispute. Another thing to consider is the timing of the dispute. If the dispute arises before the case has been resolved, it may impact the relationship between counsel and the Attorney General, which could ultimately impact the case. Therefore, if it is possible to resolve the matter in a less contentious way, it may be worthwhile to explore other options. One of the most significant factors to consider is the relationship between the counsel and the Attorney General. If they have a positive relationship, it may be possible to resolve the dispute amicably without going through a formal process. In such cases, it is advisable to resolve the issue as quickly as possible and without litigation. If the relationship between the counsel and the Attorney General is strained, it may be difficult to resolve the dispute without formal litigation. In such cases, counsel may need to consider retaining an independent arbitrator to resolve the matter. This may be more expensive, but it can help to maintain the relationship between counsel and the Attorney General. Another strategic consideration is the documentation of fees and disbursements. Counsel should ensure that all of the documentation is accurate and up-to-date. This includes providing detailed accounts of the work done, the time spent on the case, and any expenses incurred. Having detailed and accurate documentation can help to avoid disputes and put counsel in a stronger position if a dispute arises. In summary, section 672.5(8.2) of the Criminal Code of Canada provides a process for resolving disputes over counsel fees and disbursements. Counsel should carefully consider the potential cost of a dispute and the timing of the dispute. They should also consider the relationship with the Attorney General and the documentation of fees and disbursements. Ultimately, the objective of counsel should be to resolve the dispute as quickly and amicably as possible.