section 672.24(2)

INTRODUCTION AND BRIEF DESCRIPTION

The Attorney General is responsible for paying fees and disbursements of assigned counsel if the accused cannot afford legal aid.

SECTION WORDING

672.24(2) Where counsel is assigned pursuant to subsection (1) and legal aid is not granted to the accused pursuant to a provincial legal aid program, the fees and disbursements of counsel shall be paid by the Attorney General to the extent that the accused is unable to pay them.

EXPLANATION

Section 672.24(2) of the Criminal Code of Canada outlines provisions for the payment of legal fees and disbursements for accused individuals who are assigned counsel but are unable to pay for legal aid themselves. Essentially, this section ensures that individuals who cannot afford to retain their own legal counsel are still able to receive legal representation. This provision is particularly important in ensuring that the principles of fairness and justice are upheld in the Canadian legal system. Without access to legal aid, individuals who cannot afford legal representation may be at a significant disadvantage in defending themselves against criminal charges. This could potentially lead to wrongful convictions, unjust sentencing, and a lack of trust in the legal system. By allowing the Attorney General to pay for legal fees and disbursements in certain cases, this provision aims to reduce the likelihood of these negative outcomes. It ensures that individuals who are unable to pay for legal representation are still able to access the resources they need to be fairly represented in criminal proceedings. Overall, Section 672.24(2) of the Criminal Code of Canada plays an important role in ensuring that all individuals, regardless of their financial circumstances, are able to access legal representation when facing criminal charges. It serves as an important safeguard against unfair treatment and helps to uphold the principles of justice and fairness in Canada's legal system.

COMMENTARY

Section 672.24(2) of the Criminal Code of Canada enshrines an important principle of our criminal justice system: that all individuals, regardless of their financial means, are entitled to legal representation when facing criminal charges. This provision operates to ensure that individuals who cannot afford to pay for a lawyer themselves are not deprived of their right to a fair trial. This section of the Criminal Code comes into play when an accused person is assigned counsel, but does not qualify for legal aid under a provincial program. In such cases, the fees and disbursements of counsel are to be paid by the Attorney General, to the extent that the accused is unable to pay them. This provision ensures that even those who cannot afford the services of a lawyer are not left without representation, as it would be a violation of their Charter rights to do so. The provision recognizes that access to legal representation is a fundamental right for all accused persons. As the Supreme Court of Canada has noted, access to legal representation is a cornerstone of our justice system, and is necessary to ensure the fairness and integrity of our criminal trials. Without this provision, individuals who cannot afford legal representation would be at a significant disadvantage in defending themselves against criminal charges, which could result in unjust and unfair outcomes. The provision also acknowledges that the cost of legal representation can be a significant burden for many accused persons, particularly those who are vulnerable or marginalized. The provision helps to ensure that access to legal representation is not determined solely by an individual's financial means, but rather depends on their need for legal assistance. However, it is important to note that the provision is not without its limitations. First and foremost, it is limited to cases where counsel is assigned under subsection (1) of the same section. This means that it only applies in cases where the court determines that an accused person needs legal representation, and that they cannot afford to pay for a lawyer themselves. This means that individuals who do not qualify for counsel under this provision may still be without representation if they cannot afford a lawyer. Furthermore, the provision only applies to fees and disbursements, and does not cover other costs associated with legal representation, such as travel expenses or expert witness fees. This means that even if an accused person's legal fees are covered under this provision, they may still face significant financial burdens in other areas. In conclusion, section 672.24(2) of the Criminal Code of Canada is an important provision that helps to ensure that all individuals have access to legal representation when facing criminal charges. While it is not a perfect solution, it represents an important step towards a justice system that is fair and equitable for all accused persons, regardless of their financial means.

STRATEGY

Section 672.24(2) of the Criminal Code of Canada ensures that an accused person who cannot afford legal counsel will still have access to legal representation. Under this section, if an accused person is not granted legal aid under a provincial legal aid program, the Attorney General will pay the fees and disbursements of counsel to the extent that the accused is unable to pay. Dealing with this section of the Criminal Code of Canada requires careful strategic considerations. Some potential strategies that can be employed include: 1. Determine Eligibility for Legal Aid: The first step in dealing with this section is to determine the accused's eligibility for legal aid. Legal aid programs in each province have different criteria for eligibility. Depending on the province, an accused person may be eligible based on their income or the nature of the charges against them. If the accused person is eligible for legal aid, they may not need to rely on Section 672.24(2). 2. Assess the Accused's Financial Resources: If the accused person is not eligible for legal aid, the court will need to assess their financial resources. This assessment will determine whether the accused can partially or fully pay for their legal counsel. Factors that may be considered in the assessment include their income, assets, and liabilities. If the accused cannot afford legal counsel, the Attorney General will pay for their fees and disbursements. 3. Negotiate Counsel Fees: When the Attorney General is paying for counsel fees, it is important to negotiate reasonable fees. Factors that may be considered when negotiating fees include the complexity and seriousness of the charges, the time spent on the case, and the experience of the counsel. Overcharging for counsel fees is not permitted, and if fees are deemed unreasonable, they may not be covered by the Attorney General. 4. Ensure Adequate Representation: While the Attorney General is paying for the accused's counsel fees, it is important that the accused still receives adequate representation. The counsel should have the resources and time to prepare a proper defence. If counsel's fees are too low, they may not have the incentive to provide adequate representation. It is important to balance reasonable fees with adequate representation. 5. Tailor the Defence Strategy: The accused's defence strategy may need to be tailored to reflect the limitations of their financial resources. For example, counsel may need to be more selective in which evidence to gather or which witnesses to call. This may require a more focused defence strategy that targets weaker points in the prosecution's case. In conclusion, Section 672.24(2) of the Criminal Code of Canada is an important provision that ensures that accused persons have access to legal representation even if they cannot afford it. Dealing with this section requires careful strategic considerations to ensure that the accused receives adequate representation while negotiating reasonable counsel fees. Employing effective strategies can lead to better outcomes for the accused and a more just legal system.