INTRODUCTION AND BRIEF DESCRIPTION
This section allows for the enforcement of fixed costs awarded in a criminal case.
SECTION WORDING
751.1 Where costs that are fixed under section 751 are not paid forthwith, the party in whose favour judgment is given may enter judgment for the amount of the costs by filing the order in any civil court of the province in which the trial was held that has jurisdiction to enter a judgment for that amount, and that judgment is enforceable against the opposite party in the same manner as if it were a judgment rendered against that opposite party in that court in civil proceedings.
EXPLANATION
Section 751.1 of the Criminal Code of Canada deals with fixed costs in criminal proceedings. When a criminal case is concluded, the presiding judge may order that one party (usually the accused) pay the costs of the trial. These costs may include expenses related to the prosecution's witnesses, court staff, and other expenses that the court deems necessary. If the person ordered to pay these costs fails to do so, Section 751.1 allows the party in whose favour judgment is given to enter judgment against them for the amount of the costs. This means that the party owed the fixed costs can take the order to any civil court in the same province as the trial and obtain a judgment that is enforceable against the opposite party. It is important to note that this provision does not apply to fines or restitution ordered by the court as those are considered separate from fixed costs. Failure to pay a fine or restitution can result in additional charges or even imprisonment in some cases. In summary, Section 751.1 of the Criminal Code of Canada provides a mechanism for parties to collect fixed costs awarded in criminal proceedings if the person ordered to pay fails to do so voluntarily.
COMMENTARY
Section 751.1 of the Criminal Code of Canada deals with the payment of costs in criminal trials. It states that if costs fixed under section 751 are not paid immediately, the party in whose favor judgment is given may enter judgment against the opposite party for the amount of costs. The judgment can be filed in any civil court of the province where the trial was held, and the opposite party is liable to pay the amount of costs as if it were a judgment rendered against them in a civil proceeding. Costs are the expenses incurred by a party in a legal proceeding. They include legal fees, litigation expenses, and disbursements such as witness fees, travel expenses, and filing fees. In criminal trials, costs are awarded to the successful party as compensation for the expenses incurred in bringing or defending the case. The purpose of awarding costs is to discourage frivolous or vexatious litigation and to provide a measure of justice for the innocent person who has been wrongly accused. Section 751 of the Criminal Code provides for the payment of costs in criminal trials. It states that the judge may award costs to the accused person if they are acquitted, to the Crown if the accused is convicted, or to any party who has incurred expenses as a result of the trial. The amount of costs is determined by the judge based on the nature and complexity of the case, the length of the trial, and the conduct of the parties. Section 751.1 of the Criminal Code allows the party in whose favor judgment is given to enter judgment against the opposite party for the amount of costs if they are not paid immediately. This means that if the opposite party does not pay the costs, the successful party can file the judgment in a civil court and enforce it as if it were a judgment in a civil proceeding. This provides an effective means of enforcing the payment of costs and ensures that justice is done. The purpose of this section is to encourage the timely payment of costs. It ensures that the successful party is not left out of pocket and that there is a deterrent to parties who may wish to frustrate the justice system by delaying the payment of costs. However, it is important to note that the cost of enforcing the judgment may be higher than the amount of costs awarded, and there is no guarantee that the opposite party will have the ability to pay. In conclusion, section 751.1 of the Criminal Code of Canada provides an important mechanism for enforcing the payment of costs in criminal trials. It ensures that the successful party is compensated for the expenses incurred in bringing or defending the case and provides a deterrent to parties who may wish to delay payment. However, it is important to recognize that enforcing the judgment may not always be practical or cost-effective, and there is no guarantee that the opposite party will have the ability to pay.
STRATEGY
Section 751.1 of the Criminal Code of Canada provides a mechanism for the collection of costs awarded to a party in a criminal trial. Specifically, if the fixed costs are not paid immediately, the prevailing party can file the order in a civil court and obtain a judgment enforceable against the opposing party. While this provision is meant to ensure that the winning party is compensated for their legal expenses, it also presents strategic considerations for both parties. For the prevailing party, the primary consideration is whether to pursue the costs recovered through a civil court. This decision will depend on various factors, including the amount of the costs, the opposing party's ability to pay, and the costs involved in pursuing a civil judgment. If the costs involved are significant, the prevailing party may elect not to pursue the costs and instead seek reimbursement through other means. Furthermore, collecting the costs awarded may also damage any ongoing relationship if there is one with the opposing party or their legal counsel. On the other hand, for the party that has been ordered to pay costs, the consideration is quite different. If they do not pay the fixed costs immediately, they risk being subject to a new enforcement action in civil court, incurring additional legal fees and interest charges. Therefore, it is important for the opponent to either pay the fixed costs or challenge the order. One strategy for the opposing party is to request an extension for paying the costs awarded, to avoid the entry of judgment and the possibility of a civil enforcement action. This could be achieved through negotiations with the prevailing party, or through an application to the court. Another possible strategy is to challenge the cost order itself, either by seeking to have the order set aside or by appealing the decision. Another possible strategy for the opposing party is to offset the costs awarded through a counterclaim or setoff, assuming that they have a legal claim against the prevailing party. This could reduce or eliminate the amount of the fixed costs ordered against them, along with any interest charges or legal fees. In conclusion, section 751.1 of the Criminal Code of Canada places both parties in a position to consider their options strategically. The prevailing party must decide whether to pursue the fixed costs and the opposing party must consider the liability they face under the statute. Both parties must take into account the reclamation of legal fees or costs and any impact their strategies may have on goodwill between them. Ultimately, both parties should seek the advice of experienced legal counsel to guide them through the process.