Criminal Code of Canada - section 809(1) - Costs

section 809(1)

INTRODUCTION AND BRIEF DESCRIPTION

This section allows for the summary conviction court to award costs to either the informant or defendant, depending on the outcome of the proceedings.

SECTION WORDING

809(1) The summary conviction court may in its discretion award and order such costs as it considers reasonable and not inconsistent with such of the fees established by section 840 as may be taken or allowed in proceedings before that summary conviction court, to be paid (a) to the informant by the defendant, where the summary conviction court convicts or makes an order against the defendant; or (b) to the defendant by the informant, where the summary conviction court dismisses an information.

EXPLANATION

Section 809(1) of the Criminal Code of Canada outlines the power of the summary conviction court to award reasonable costs to either the informant or the defendant, depending on the outcome of a case. In cases where the court convicts or orders against the defendant, the court may award costs to the informant. Conversely, in cases where the court dismisses an information filed by the informant, the court may award costs to the defendant. The intention behind this provision is to allow the court to exercise its discretion in a fair and balanced manner, taking into account the circumstances of each case. It is important to note that the costs awarded must be reasonable and not inconsistent with the fees established by section 840. This ensures that costs are not arbitrarily awarded and that they do not place undue financial burden on either party. Overall, section 809(1) provides an important mechanism for the summary conviction court to maintain fairness and equity in criminal proceedings. By appropriately awarding costs based on the outcome of a case, the court can ensure that both the informant and defendant are treated justly and that the administration of justice is upheld.

COMMENTARY

A person convicted of an indictable offence can appeal to the Supreme Court on a question of law if granted leave or if a judge of the Court of Appeal dissents.

STRATEGY

Section 809(1) of the Criminal Code of Canada empowers the summary conviction court to award and order reasonable costs in criminal proceedings. The cost may be awarded to the informant by the defendant where the defendant is convicted, or to the defendant by the informant where the information is dismissed. This section of the Criminal Code of Canada has several strategic implications for the parties involved. One of the primary considerations for the parties is the potential cost implication of the case. For the defendant, a conviction could mean being liable to pay costs to the informant in addition to any fines or penalties imposed by the court. On the other hand, if the informant fails to prove their case, they may be required to pay costs to the defendant. Therefore, both parties must weigh the cost implications of pursuing or defending the case. Another strategy that parties should consider is the strength of their case. Since the awarding of costs is at the discretion of the court, there is no guarantee that either party will be awarded costs even if they win the case. Therefore, it is important for both parties to assess the strength of their case, so they can determine whether to pursue or settle the matter. The party with a stronger case may be in a better position to negotiate a settlement, which could avoid the cost and uncertainty associated with court proceedings. The timing of the cost award is also a crucial consideration for parties. In some cases, the court may order that the costs be paid immediately after the judgment is delivered. However, in other cases, the court may order that the costs be paid at a future date, such as when the defendant is discharged from the court's supervision or completes the payment of fines or penalties. It is, therefore, essential for parties to understand the timing of the cost award, as it can impact their cash flow and financial planning. Finally, parties should consider the potential impact of the cost award on their reputation. A large cost award against a defendant may negatively impact their reputation, especially if it is a high-profile case. On the other hand, a cost award against the informant may damage their credibility, particularly if it is found that they brought the charges without sufficient evidence. In conclusion, section 809(1) of the Criminal Code of Canada has several strategic implications for the parties involved in criminal proceedings. Parties must weigh the potential cost implications, assess the strength of their case, understand the timing of the cost award, and consider the reputational impact of the award when devising their strategies. To minimize the risk and uncertainty associated with cost awards, parties may also consider other dispute resolution options, such as mediation or arbitration.