INTRODUCTION AND BRIEF DESCRIPTION
This section allows the Attorney General or counsel to apply to the registrar of the court of appeal to resolve disputes over fees and disbursements.
SECTION WORDING
684(3) Where subsection (2) applies and counsel and the Attorney General cannot agree on fees or disbursements of counsel, the Attorney General or the counsel may apply to the registrar of the court of appeal and the registrar may tax the disputed fees and disbursements.
EXPLANATION
Section 684(3) of the Criminal Code of Canada deals with the issue of fees and disbursements for counsel in criminal cases. It states that in cases where a defendant has been granted legal aid and their counsel and the Attorney General cannot agree on the fees and disbursements, either party can apply to the registrar of the court of appeal. The registrar is then tasked with taxing the disputed fees and disbursements, which involves reviewing the bills and receipts submitted by the counsel and determining a fair and reasonable amount for their services. In doing so, the registrar will take into account factors such as the complexity and length of the case, the expertise and experience of the counsel, and the amount of work required to prepare and present the case. The purpose of this provision is to ensure that counsel is fairly compensated for their work, while also preventing excessive or unreasonable fees from being charged to the legal aid program. By providing a mechanism for resolving fee disputes, section 684(3) helps to ensure that defendants are able to receive competent legal representation regardless of their financial means, while also protecting the public purse from abuse. In summary, section 684(3) of the Criminal Code of Canada plays an important role in ensuring access to justice for all Canadians, by providing a fair and transparent process for resolving fee disputes between counsel and the Attorney General in criminal cases.
COMMENTARY
Section 684(3) of the Criminal Code of Canada is an important provision that allows for the resolution of disputes between counsel and the Attorney General regarding fees and disbursements. In situations where the interests and rights of the defendant are at stake, it is essential to have mechanisms in place that ensure fairness and equity for all parties involved. The purpose of this provision is to ensure that legal counsel for the accused is adequately compensated for their services and reimbursed for any expenses they incur in the course of their work. At the same time, the Attorney General has a responsibility to ensure that public funds are spent effectively and efficiently, and that fees and disbursements are reasonable and justifiable. In situations where the parties cannot agree on fees or disbursements, section 684(3) allows either party to apply to the registrar of the court of appeal. The registrar, who is an officer of the court, is empowered to tax the disputed fees and disbursements. Taxation is a process whereby a court-appointed officer scrutinizes the items in a legal account and determines which are reasonable and necessary. The registrar, when taxing fees and disbursements, will consider various factors such as the complexity of the case, the time spent by the lawyer, and the nature of the expenses incurred. This process ensures that legal fees and disbursements are fair and reasonable, and that the parties are not overcharged. It also serves as a check on counsel's billing practices, as they must justify their fees and disbursements in front of an independent third party. In addition, section 684(3) safeguards access to justice, particularly for defendants who cannot afford legal representation. It assures that legal fees will not become a barrier to justice and that defendants can get access to high-quality legal services regardless of their financial situation. In general, section 684(3) is an important provision in the Criminal Code of Canada that upholds the principles of fairness, equity, and access to justice. It ensures that legal counsel for the accused is fairly compensated, while also protecting the public interest. In situations where disputes arise over fees and disbursements, this provision provides a clear framework for resolution that contributes to the smooth functioning of the criminal justice system.
STRATEGY
Section 684(3) of the Criminal Code of Canada is a provision that governs disputes concerning fees and disbursements of counsel in criminal cases where a convicted person intends to appeal to the court of appeal. The provision allows either the Attorney General or the counsel to apply to the registrar of the court of appeal to determine the disputed fees and disbursements. The registrar has the authority to tax the fees and disbursements, settling the dispute between the parties. For counsel who intends to seek the registrar's determination of disputed fees and disbursements under section 684(3), it is important to consider several strategic factors. These include: 1. Appropriate billing and record-keeping practices - Counsel must ensure that their billing practices are accurate and transparent. They must keep detailed records of all billable time and expenses, including disbursements, to support their claims. Counsel should also ensure that they comply with all relevant professional standards for billing and record-keeping. 2. Effective communication with the Attorney General - Counsel should aim to negotiate with the Attorney General in good faith, and should maintain effective communication throughout the process of determining fees and disbursements. Counsel should provide the Attorney General with sufficient information to justify their claims while being responsive to any concerns that the Attorney General may raise. 3. Preparation for Registrar's determination - Counsel must be prepared to make a strong case before the registrar. This includes compiling all necessary documentation to support their claims and anticipating any possible challenges that the Attorney General may make. 4. Awareness of precedent - Counsel should be aware of past registral decisions in similar cases as it can guide them to make an informed argument. 5. Managing reputation - Counsel must remember that their reputation is on the line, and engage in professional, ethical behavior throughout the process. In dealing with disputes under section 684(3), some strategies that could be employed include: 1. Early intervention - Counsel should aim to resolve disputes with the Attorney General at the earliest stage possible. This can help avoid litigation, reduce costs, and preserve relationships. 2. Effective negotiation skills - Counsel should possess strong negotiation skills, and should be able to articulate their position persuasively. Focusing on the key issues and identifying areas for compromise is critical in reaching an agreement without the need for a determination by the registrar. 3. Creative solutions - Counsel may look for creative solutions such as installment payments, flexible billing arrangements, etc. to bring the dispute to a close without further proceeding. 4. Professionalism and civility - Throughout any dispute resolution process, counsel must remain professional and civil in their interactions with the opposing parties. Provoking an opponent is never a good tactic. Overall, dealing with disputes under section 684(3) requires a consistently high level of professionalism and strategic thinking from counsel. By employing sound strategies and practices, counsel can effectively resolve such disputes while maintaining their reputation as zealous advocates for their clients.