section 734(7)

INTRODUCTION AND BRIEF DESCRIPTION

This section allows provincial lieutenant governors to create regulations on the calculation of certain costs and charges in criminal cases.

SECTION WORDING

734(7) The lieutenant governor in council of a province may make regulations respecting the calculation of the costs and charges referred to in subparagraph (5)(a)(i) and in paragraph 734.8(1)(b).

EXPLANATION

Section 734(7) of the Criminal Code of Canada grants the power to the lieutenant governor in council of a province to make regulations regarding the calculation of costs and charges related to sentencing orders. Specifically, this section pertains to the costs and charges mentioned in subparagraph (5)(a)(i) and paragraph 734.8(1)(b). Subparagraph (5)(a)(i) relates to the victim surcharge, which is a court-ordered payment that convicted offenders must make to the victim of their crime. The regulations made under section 734(7) may thus specify how the victim surcharge is calculated, collected, and distributed. Paragraph 734.8(1)(b) refers to the order for reimbursement of expenses incurred by the witness who testifies for the prosecution in a criminal proceeding. This section allows the court to order the offender to reimburse these expenses to the province. The regulations enacted under section 734(7) might provide guidance on how these expenses are calculated and reimbursed. In summary, section 734(7) of the Criminal Code grants provincial governments the authority to establish specific guidelines and regulations around the calculation of certain costs and charges related to sentencing orders. This section highlights the importance of consistency and clarity in the application of the law across the country.

COMMENTARY

Section 734(7) of the Criminal Code of Canada provides the lieutenant governor in council of a province with the power to create regulations regarding the calculation of costs and charges outlined in subparagraph (5)(a)(i) and paragraph 734.8(1)(b). This section of the code is important for ensuring consistency and fairness in the judicial system when it comes to determining the actual costs and charges that offenders must pay as part of their sentences. The costs and charges referred to in subparagraph (5)(a)(i) and paragraph 734.8(1)(b) relate to different aspects of the criminal justice system. Subparagraph (5)(a)(i) details the specific costs that an offender must pay as a result of being found guilty, which can include things like victim surcharges, court fees, and other expenses incurred during the trial process. Meanwhile, paragraph 734.8(1)(b) outlines the payments that an offender may be required to make as part of a restitution order, which can be used to compensate victims of the crime for any losses they suffered as a result. The ability for the lieutenant governor in council of a province to create regulations surrounding the calculation of these costs and charges is crucial for ensuring that they are calculated correctly and consistently across different cases. Without clear regulations in place, there could be discrepancies in the amount that an offender is required to pay based on the judgement of individual judges or legal jurisdictions. Furthermore, having regulations in place helps to provide transparency and accountability in the criminal justice system. Offenders should be able to understand the specific costs and charges they are required to pay and how these amounts were calculated. These regulations also provide a clear framework for judges and lawyers, helping to prevent misunderstandings or errors in the calculation of these costs. Finally, having regulations for the calculation of costs and charges can also help to prevent abuse or exploitation by unscrupulous individuals or organizations. With clear guidelines for the calculation of costs and charges, there is less room for criminals to try to game the system or for organizations to overcharge for services related to the legal process. In conclusion, section 734(7) of the Criminal Code of Canada is an important provision that empowers the lieutenant governor in council of a province to create regulations for the calculation of costs and charges related to criminal justice. By providing a framework for consistency, transparency, and accountability, these regulations help to ensure that offenders are held responsible for their actions and that victims receive compensation that is fair and adequate.

STRATEGY

Section 734(7) of the Criminal Code of Canada provides an opportunity for the lieutenant governor in council of a province to create regulations on the calculation of costs and charges related to the sentencing of offenders. This section is important because it provides a framework for the administration of justice in Canada. When dealing with this section, there are several strategic considerations that legal practitioners should keep in mind. One major strategic consideration is the potential impact of provincial regulations on the administration of justice. The regulations created by the lieutenant governor in council can significantly impact the calculation of costs and charges related to sentencing. For example, if the regulations contain strict rules on the calculation of costs, it may limit the discretion of judges in sentencing. This may lead to inconsistencies in sentencing across different jurisdictions. As a result, legal practitioners should carefully review provincial regulations and ensure that they are aware of any potential implications for their clients. Another strategic consideration is the potential impact of regulations on the costs associated with sentencing. Certain regulations may increase the costs of sentencing, which may have an impact on the resources available to legal practitioners. While regulations may aim to ensure that offenders bear the costs related to their actions, they may also create unintended consequences for legal practitioners. As a result, legal practitioners should be proactive in monitoring the potential impact of regulations on their workload and resources. One strategy that legal practitioners can employ when dealing with Section 734(7) is to advocate for changes to the regulations. Legal practitioners can work with their legal associations and other stakeholders to lobby for more flexible regulations that take into account the unique circumstances of their clients. For example, they may advocate for regulations that allow judges more discretion in the calculation of costs or that provide additional support for legal aid. Another strategy is to stay informed about changes to provincial regulations. Legal practitioners should monitor any changes to regulations and be aware of their potential impact on their clients. They can also use their knowledge of regulations to advise their clients on potential outcomes and to develop effective strategies for sentencing. In conclusion, Section 734(7) of the Criminal Code of Canada is an important section that provides guidelines for the administration of justice. When dealing with this section, legal practitioners should consider the potential impact of provincial regulations on the administration of justice and the costs associated with sentencing. Legal practitioners can employ strategies such as advocacy and staying informed about changes to regulations to ensure that their clients receive fair and just sentencing. By doing so, they can help promote a fair and effective criminal justice system.