section 676.1

INTRODUCTION AND BRIEF DESCRIPTION

A party ordered to pay costs may appeal the order or amount with leave of the court of appeal or a judge.

SECTION WORDING

676.1 A party who is ordered to pay costs may, with leave of the court of appeal or a judge of a court of appeal, appeal the order or the amount of costs ordered.

EXPLANATION

Section 676.1 of the Criminal Code of Canada pertains to parties who are obligated to pay costs in the judicial process. Costs are monetary orders that the court may levy against a defendant or accused to cover the expenses of their trial. These expenses may include legal fees, court fees, and other related expenses. In some circumstances, this can be a hefty sum of money, which can be financially crippling for an accused person. Under this section, a party who is compelled to pay costs may seek leave of the Court of Appeal or a judge of a Court of Appeal to appeal the order or the amount of costs ordered. In other words, the party may challenge the decision of the lower court, which ordered the payment of costs, based on the grounds that the decision is unfair, unreasonable, or incorrect. This provision serves as an avenue for parties to review the costs and order put against them, and if successful, this can result in a reduction or annulment of the costs awarded by the lower court. It is important to note that not all parties have the right to seek leave to appeal. The application for leave to appeal must be made within a specific timeframe, and the grounds for appeal must be clearly outlined. Additionally, since this is an appeal, the party must provide a valid basis to support their challenge. In summary, Section 676.1 of the Criminal Code of Canada clarifies the circumstances under which parties ordered to pay costs may challenge the costs or order, thus ensuring that justice is served fairly.

COMMENTARY

Section 676.1 of the Criminal Code of Canada pertains to the right of a party to appeal an order to pay costs. This section recognizes the fact that courts may order one party to pay the costs of another party in the interest of justice. However, this also recognizes that a party may have legitimate reasons to challenge the amount of costs ordered or the order itself. The right to appeal an order to pay costs is a fundamental aspect of our justice system. This right ensures that parties are not unfairly burdened with exorbitant costs. This legislation aims to protect parties from being forced to pay unreasonable costs that they cannot afford. By allowing the parties to appeal the order or the amount of costs, the legislation provides parties with an opportunity to challenge the decision of the court and ensure justice is served. This legislation empowers the court of appeal or a judge of a court of appeal to grant leave to appeal an order or the amount of costs awarded. This means that it is not an automatic right of the party to appeal. The party must demonstrate to the court that there are reasonable grounds for appeal. This ensures that frivolous or vexatious appeals are not lodged. The importance of this legislation is particularly highlighted in criminal cases. Criminal cases can be both emotionally and financially draining. The stigma associated with criminal charges and the potential for imprisonment are significant factors that can weigh heavily on an accused. If the accused is then ordered to pay exorbitant costs, it can add significant stress to an already challenging situation. The legislation provides an avenue for the accused to challenge the order and ensure that fairness and justice is served. In conclusion, section 676.1 of the Criminal Code of Canada recognizes the importance of the right to appeal an order to pay costs. The legislation aims to ensure that parties are not unfairly burdened with unreasonable costs. The right to appeal is fundamental to our justice system and ensures that justice is served. The ability to challenge an order or the amount of costs aids in reducing stress and anxiety for parties and reinforces the importance of fairness in the justice system.

STRATEGY

Section 676.1 of the Criminal Code of Canada allows a party who has been ordered to pay costs to appeal the order or the amount of costs ordered. This section gives parties the opportunity to challenge the fairness and reasonableness of costs ordered against them. When dealing with this section, it is important to consider the following strategic considerations and strategies that could be employed: 1. The grounds for appeal: The party appealing the order or the amount of costs must have valid grounds for their appeal. Some of the valid grounds for appeal include, but are not limited to, errors in the application of the law, procedural errors, and unreasonable exercise of discretion by the trial judge. The appellant should be able to show that the order or the amount of costs ordered was unjust, unfair or unreasonable 2. The timing of the appeal: An appeal should be filed within the required timeframe. A delay in filing the appeal can prejudice the appellant's case, as the court might consider the delay to be unreasonable, and therefore dismiss the appeal. 3. The prospects of success: Before appealing, it is advisable to assess the likelihood of success on appeal. An appeal will not be granted unless there is a real prospect of success. This means that the appeal must have a reasonable chance of success for it to proceed. 4. The costs of appeal: An appeal can be an expensive process. The appellant should determine the costs of appeal before filing. This includes the costs of hiring a lawyer, court fees, and other costs that may be incurred during the appeal process. 5. The strength of the appellant's case: The appellant must have a strong case, backed up by strong evidence. The appellate court will only consider the evidence presented in the trial court and the written submissions made on appeal. No new evidence will be heard during the appeal process. 6. The impact of the decision on future cases: An appeal decision can have an impact on similar cases in the future. If the appellant wins, the decision could set a precedent that could be used to challenge other similar decisions. On the other hand, if the appellant loses, the decision could also be used as a precedent to uphold similar decisions. Strategies that could be employed when dealing with this section of the Criminal Code of Canada include: 1. Challenging the amount of costs awarded: This involves arguing that the amount of costs awarded is unreasonable or unjust. 2. Negotiating a settlement: The parties could negotiate a settlement amount, which would be less than the amount awarded by the trial judge. A negotiated settlement avoids the risk, expense, and uncertainty of appealing the costs award. 3. Seeking funding: Appellants can seek funding from various sources, such as legal aid, pro bono lawyers, or contingency fee arrangements to cover the costs of appeal. 4. Filing a notice of appeal: The appellant should file a notice of appeal within the required timeframe. This preserves the right to appeal and gives them time to prepare their case. 5. Hiring experienced appellate counsel: Appellate counsel has the experience and expertise to advise on the prospects of success and provide guidance on the appeal process. In conclusion, section 676.1 of the Criminal Code of Canada provides an important avenue for appealing against costs orders made in criminal trials. Strategic considerations when approaching this section of the Criminal Code entail assessing the strength of the appellant's case, the prospects of success on appeal, the costs of appeal, and the timing of the appeal. Strategies that could be employed include challenging the amount of costs awarded, negotiating a settlement, seeking funding, filing a notice of appeal and hiring experienced appellate counsel. Taking these approaches helps increase the chance of a successful appeal and reduces the risk and uncertainty associated with this process.