section 684(2)

INTRODUCTION AND BRIEF DESCRIPTION

If assigned counsel is not granted legal aid, their fees and disbursements will be paid by the appropriate Attorney General in an appeal.

SECTION WORDING

684(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 who is the appellant or respondent, as the case may be, in the appeal.

EXPLANATION

Section 684(2) of the Criminal Code of Canada outlines the responsibility of the Attorney General in providing legal representation for an accused individual in an appeal. If a defendant is assigned counsel under subsection (1) but does not qualify for legal aid through a provincial program, the fees and expenses associated with the legal representation shall be covered by the Attorney General. This provision is essential in ensuring that individuals have access to legal representation in criminal appeals, regardless of their financial means. By covering the cost of legal fees and expenses, the state ensures that those who cannot afford a lawyer are provided with adequate representation and are not denied justice. Moreover, this provision strengthens the right to a fair trial and ensures that everyone is afforded equal protection under the law. The provision also serves as a safeguard against wrongful convictions. In cases where an accused individual has been wrongfully convicted, a competent lawyer can identify errors or flaws in the legal process that may have led to the wrongful conviction. By providing legal aid to those who cannot afford it, the state can minimize the occurrence of wrongful convictions and promote the integrity and fairness of the criminal justice system. Overall, Section 684(2) is a crucial component of the Criminal Code of Canada that seeks to promote equal access to justice and safeguard the rights of individuals involved in criminal proceedings. By ensuring that everyone has access to effective legal representation, regardless of their economic status, the provision reinforces the foundational principles of fairness, justice, and equality that are fundamental to our legal system.

COMMENTARY

Section 684(2) of the Criminal Code of Canada plays a crucial role in ensuring that accused individuals have access to legal representation when appealing their cases. The section stipulates that if a lawyer is assigned to represent an accused person in an appeal, and legal aid is not granted under a provincial legal aid program, the Attorney General who is the appellant or respondent must pay the legal fees and disbursements. This provision is significant as it ensures that a person's right to a fair trial and access to justice is not restricted by their financial means. Legal representation is a crucial aspect of a fair trial, and it is essential that everyone has access to legal counsel, particularly those who cannot afford it. Legal aid programs are available in most Canadian provinces to assist financially disadvantaged individuals in accessing legal representation. However, legal aid programs often have limited resources and are unable to provide full coverage for all individuals who need it. For those who do not qualify for legal aid or who are unable to afford legal representation, this provision in the Criminal Code ensures that they are not left without the ability to appeal their case. The provision also ensures that the Attorney General, who is responsible for prosecuting or defending cases, is accountable for the costs of the appeal. This obligation helps to prevent frivolous appeals and incentivizes the Attorney General to prioritize cases that have a strong legal basis. While this provision is essential, there are cases where it may not be sufficient to ensure access to justice for all. For example, individuals may be unable to locate a lawyer willing to take on their case, even with the promise of payment from the Attorney General. Additionally, the fees and disbursements paid may not fully cover the costs of legal representation, particularly in complex or lengthy appeals. In such cases, alternative measures may be necessary to ensure that individuals have access to legal representation. This may include expanding legal aid programs or providing additional funding for legal representation in certain circumstances. It is essential to ensure that everyone, regardless of their financial means, has access to legal representation and the ability to appeal their case. In conclusion, Section 684(2) of the Criminal Code of Canada is a necessary provision that ensures that legal representation is available to all individuals, regardless of their financial situation, when appealing their case. It is an important safeguard of the right to a fair trial and access to justice. However, additional measures may be necessary to ensure that this right is fully realized in practice.

STRATEGY

Section 684(2) of the Criminal Code of Canada is a provision that may have strategic implications for both the appellant and respondent in an appeal. This provision requires that in cases where legal aid is not available to an accused, the assigned counsel's fees and disbursements must be paid by the Attorney General who is either the appellant or the respondent in the appeal. This provision creates several strategic considerations that may impact how parties approach the appeal process. One potential strategy that an appellant may employ to leverage this provision is to argue that the lack of legal aid for the accused creates a significant disadvantage and that paying for counsel is necessary to ensure a fair process. This argument may be employed to seek a stay of proceedings, as it would be argued that the costs of the appeal cannot be fairly borne by the accused without legal aid or financial support. Alternatively, an appellant may use this provision to argue for a reduced sentence, as the costs associated with the case may have already imposed an undue hardship on the accused. On the other hand, the respondent may choose to deny the need for any additional financial assistance for an assigned counsel. The respondent may instead argue that there are alternative means of financing counsel's fees and disbursements in such circumstances. For instance, if the accused has a documented history of earning a significant income, the respondent may argue that the accused would be well-positioned to bear the costs of counsel, regardless of the lack of legal aid coverage. Another potential strategy that the respondent could employ would be to take the view that the accused should be responsible for the costs of the assigned counsel. This may be argued on the grounds that the accused should bear the costs associated with their defense, similar to their responsibility to pay fines or penalties. Alternatively, the respondent may seek a stay of proceedings to allow the accused time to obtain financial assistance or legal aid. Overall, the strategic considerations brought about by Section 684(2) of the Criminal Code will vary from case to case. The provision creates a level of flexibility for parties involved in the appeal process to manipulate the legal system to suit their needs. As such, it is essential to understand the nuances of this provision and its implications to develop an effective strategy to win an appeal.