Criminal Code of Canada - section 772(2)

section 772(2)

INTRODUCTION AND BRIEF DESCRIPTION

This section outlines that the Crown is entitled to costs associated with proceedings incidental to execution, which are determined by tariffs applicable in civil proceedings.

SECTION WORDING

772(2) Where this section applies, the Crown is entitled to the costs of execution and of proceedings incidental thereto that are fixed, in the Province of Quebec, by any tariff applicable in the Superior Court in civil proceedings, and in any other province, by any tariff applicable in the superior court of the province in civil proceedings, as the judge may direct.

EXPLANATION

Section 772(2) of the Criminal Code of Canada outlines a provision that permits the Crown to recover the costs of executing sentences and the proceedings incidental to them. This section pertains to situations where the accused person is sentenced to pay a fine or a restitution order, or where their property is forfeited. The Crown, in such cases, is entitled to receive compensation for the costs incurred in executing the sentence. The section provides guidelines for the calculation of costs in two distinct regions of Canada. In the Province of Quebec, the costs are fixed according to the tariff applicable in the Superior Court for civil proceedings. In other provinces, the costs are fixed according to the tariff applicable in the superior court of the province for civil proceedings. However, in both cases, the judge has the discretion to determine the precise amount of costs that the Crown may recover. The purpose of this section is to shift the costs of enforcing a sentence from the government to the convicted person. It seeks to ensure that the burden of executing a sentence is not passed on to taxpayers but is borne by the offender. The principles underlying this provision are consistent with the overall objective of the Canadian justice system, which requires that offenders be held accountable for their actions and that the costs of their punishment be borne by them. In summary, Section 772(2) of the Criminal Code of Canada serves to maintain the integrity of the justice system by ensuring that the Crown may recover costs incurred in executing sentences, thereby placing the burden of punishment on the offender and not on the taxpayer.

COMMENTARY

Section 772(2) of the Criminal Code of Canada provides for the recovery of costs by the Crown in certain circumstances. Essentially, when this section applies, the Crown is entitled to the costs of execution and proceedings incidental thereto. These costs are fixed in the Province of Quebec by any tariff applicable in the Superior Court in civil proceedings, and in any other province, by any tariff applicable in the superior court of the province in civil proceedings, as the judge may direct. In practical terms, this means that the Crown can recover its costs for carrying out a sentence or an order from the court. For example, if an individual is ordered to pay fines or to perform community service, the Crown may incur costs associated with enforcing that order. Under section 772(2), the Crown can seek to recover those costs from the individual in question. This can have significant implications for individuals who are subject to court orders. They need to be aware that in addition to the penalties for non-compliance with those orders, they may also be responsible for paying the associated costs. This can add an extra layer of financial burden to an already stressful and potentially challenging situation. Section 772(2) is one of many provisions in the Criminal Code designed to ensure that individuals comply with court orders and sentences. The ability to recover costs can act as a powerful deterrent to non-compliance, as individuals may be less likely to flout court orders if they know they will face additional financial penalties. However, there are also concerns that the use of such provisions can create additional barriers for individuals who may struggle to comply with court orders. For example, if an individual is unable to pay fines or perform community service due to financial hardship or other factors, they may still be held responsible for the associated costs. This could exacerbate existing inequalities within the justice system, as those who are already disadvantaged may be further penalized. Overall, section 772(2) is an important provision within the Criminal Code that serves to promote compliance with court orders and sentences. However, it is important to approach the use of this provision with care and consideration for the potential impacts on individuals facing criminal charges. As with any aspect of the justice system, there are both benefits and drawbacks to its implementation, and it is important to strike a balance between promoting compliance and ensuring fairness and equality for all individuals involved.

STRATEGY

Section 772(2) of the Criminal Code of Canada provides that when this section applies, the Crown is entitled to the costs of execution and proceedings incidental thereto. This section is a powerful tool that can be utilized by the Crown in criminal proceedings. As such, there are several strategic considerations that one must keep in mind when dealing with this section. One important strategic consideration is the timing of the application. Since Section 772(2) applies only after a conviction, it is crucial to assess the likelihood of a conviction before applying for costs. A premature application can not only waste resources but also harm the Crown's credibility in the eyes of the court. Therefore, it is crucial to assess the strength of the case and any potential defences before making an application under Section 772(2). Another strategic consideration to keep in mind is the availability of assets. The Crown can only recover costs under Section 772(2) if there are sufficient assets available. If the defendant does not have any significant assets, then the costs application may not be worth pursuing. In such cases, it may be more prudent to focus on alternative means of punishment, such as a community service order or a conditional sentence. The Crown must also bear in mind any potential public perception issues when making an application under Section 772(2). While the Crown has a duty to seek costs, it does not want to appear as if it is pursuing the case solely for financial gain. Therefore, it is crucial to frame the costs application in terms of serving the public interest, rather than solely benefiting the Crown financially. One strategic option that the Crown may employ when dealing with Section 772(2) is to seek a partial award of costs. This strategy ensures that the Crown recovers some costs while also reducing the burden on the defendant. A partial award of costs can be beneficial if the defendant has some assets but may struggle to pay the full amount sought by the Crown. Finally, it is crucial to ensure that the judge has all the necessary information regarding the costs application. The Crown should provide detailed evidence and supporting documentation to demonstrate the costs incurred and why they are justified. This is critical to convince the judge to make an award of costs, especially in cases where the defendant contests the application. In conclusion, Section 772(2) of the Criminal Code of Canada is a powerful tool that can be used by the Crown to recover costs in criminal proceedings. However, several strategic considerations must be kept in mind when making an application under this section. These considerations include timing, availability of assets, public perception, seeking partial awards, and providing detailed evidence to the judge. Employing such strategies can enhance the chances of success in a Section 772(2) application.