INTRODUCTION AND BRIEF DESCRIPTION
This section allows the appeal court to make any order regarding costs after an appeal has been heard and determined or abandoned or dismissed for want of prosecution.
SECTION WORDING
826 Where an appeal is heard and determined or is abandoned or is dismissed for want of prosecution, the appeal court may make any order with respect to costs that it considers just and reasonable.
EXPLANATION
Section 826 of the Criminal Code of Canada deals with the issue of costs associated with criminal appeals. When an individual appeals a criminal conviction or sentence, they must bear the financial burden of doing so, which can be significant. However, if the appeal is ultimately successful, the appellant may be entitled to reimbursement for some or all of the costs incurred. Section 826 allows the appeal court to make any order with respect to costs that it considers just and reasonable. This means that the court has discretion to determine whether the appellant should be awarded costs and, if so, how much they should receive. The court may take into account various factors when making this determination, such as the complexity of the case, the amount of work involved, and the financial hardship suffered by the appellant as a result of the appeal. In addition to successful appeals, section 826 also applies to appeals that are abandoned or dismissed for want of prosecution. In such cases, the appeal court may still award costs if it deems it appropriate to do so. Overall, section 826 of the Criminal Code of Canada provides a mechanism for ensuring that individuals who appeal criminal convictions or sentences are not unfairly burdened by the costs of doing so. It allows for a fair and just assessment of costs based on the circumstances of each case.
COMMENTARY
Section 826 of the Criminal Code of Canada is a provision that deals with the reimbursement or compensation of costs in relation to an appeal. This section outlines the powers of the appeal court to order costs to be paid by either the appellant or the respondent, or both parties, and the discretion that the court has in determining what amounts are considered "just and reasonable." The principle behind the provision is to ensure that parties involved in an appeal are not unduly burdened by the costs. An appeal can be a costly and time-consuming process that often involves hiring lawyers and other professionals. It is also considered a form of justice that the party who succeeds in an appeal should not be left with the burden of its costs. The provision allows the appeal court to make orders with respect to the reimbursement of costs in certain situations. In some cases, the appeal court may order the appellant or the respondent to pay all or part of the appeal costs. The court has the power to order the reimbursement of any out-of-pocket expenses incurred by the successful appellant, such as legal fees, travel expenses, and court filing fees. When determining what amounts are considered "just and reasonable," the appeal court will consider various factors, including the complexity of the appeal, the duration of the appeal, and whether the appeal was frivolous or vexatious. If the appeal was frivolous or vexatious, the court may order the appellant or the respondent to pay a higher amount of costs. The court's decision will ultimately be guided by the principle of fairness and equity, and it will ensure that no party is unfairly burdened by the costs associated with an appeal. This provision is important as it seeks to promote access to justice and fairness in the legal system. It ensures that parties are not deterred from pursuing an appeal due to the potential costs involved. It also promotes responsible litigation, as it provides an incentive for parties to carefully consider whether an appeal is necessary and warranted in the circumstances. Overall, section 826 of the Criminal Code of Canada plays an essential role in ensuring that appeals in the criminal justice system are fair and equitable for all parties involved. Its principles of fairness and equity in relation to costs ensure that justice is served and that parties are not unfairly burdened by the costs of an appeal.
STRATEGY
Section 826 of the Criminal Code of Canada gives the appellate court broad discretion to make any cost orders it considers just and reasonable. This section is particularly relevant in criminal appeals because a party's success or failure in an appeal can have significant financial implications. In this essay, we will discuss some strategic considerations when dealing with Section 826, including the factors that appellate courts may consider when making cost orders, as well as some strategies that could be employed to minimize the risk of adverse cost awards. One of the most important strategic considerations when dealing with Section 826 is understanding the factors that appellate courts may consider when making cost orders. In general, the court will consider the following factors: 1. The complexity of the case: If the case is particularly complex or required a significant amount of time and resources to litigate, the court may be more likely to award costs to the successful party. 2. The conduct of the parties: If one party engaged in misconduct or acted in bad faith, the court may order that party to pay the other party's costs. 3. The reasonableness of the unsuccessful party's position: If the unsuccessful party had a reasonable argument that was based on the law or the evidence, the court may be less likely to order that party to pay costs. 4. The financial resources of the parties: If one party is significantly wealthier than the other, the court may be more likely to order that party to pay the other party's costs. Given these factors, there are a number of strategies that parties can employ to minimize the risk of adverse cost awards. One of the most important strategies is to engage in reasonable conduct throughout the litigation process. This includes: 1. Following all court rules and procedures: This will help to demonstrate that the party has acted in good faith and has not engaged in any improper conduct. 2. Preparing thoroughly and presenting a compelling case: This will help to demonstrate that the party's position was reasonable and based on the law or the evidence. 3. Attempting to settle the case: If a party makes a reasonable settlement offer early in the litigation process and the other party refuses to accept it, this may be taken into account when making cost orders. Another strategy that parties can employ is to carefully consider the financial implications of an appeal before deciding whether to pursue it. If the potential costs of losing the appeal outweigh the potential benefits of winning, it may be better to forego the appeal and accept the trial court's decision. In conclusion, Section 826 of the Criminal Code of Canada gives appellate courts broad discretion to make cost orders in criminal appeals. When dealing with this section, it is important to understand the factors that appellate courts may consider when making cost orders and to employ strategies to minimize the risk of adverse cost awards. By following court rules, presenting a compelling case, attempting to settle, and carefully considering the financial implications of an appeal, parties can increase their chances of a favorable cost outcome.