Criminal Code of Canada - section 827(2) - Certificate of non-payment of costs

section 827(2)

INTRODUCTION AND BRIEF DESCRIPTION

This section outlines the process for issuing a certificate of unpaid costs.

SECTION WORDING

827(2) Where costs are not paid in full within the period fixed for payment and the person who has been ordered to pay them has not been bound by a recognizance to pay them, the clerk of the court shall, on application by the person entitled to the costs, or by any person on his behalf, and on payment of any fee to which the clerk of the court is entitled, issue a certificate in Form 42 certifying that the costs or a part thereof, as the case may be, have not been paid.

EXPLANATION

Section 827(2) of the Criminal Code of Canada deals with the recovery of costs in criminal proceedings. When a person is found guilty of a criminal offence, the court may order them to pay costs to the Crown or to another party involved in the case. These costs can include expenses such as legal fees, witness fees, and any other expenses related to the court proceedings. If the person ordered to pay costs does not pay them within the specified time frame and has not been bound by a recognizance to pay them, the clerk of the court can issue a certificate to the person entitled to the costs. This certificate confirms that the costs or part of them have not been paid and allows the person entitled to them to take further legal action to recover the outstanding amount. It is important to note that the failure to pay costs can have serious consequences, including the possibility of imprisonment. The court may also order the seizure and sale of the offender's property to recover the outstanding costs. Overall, Section 827(2) is an important provision in the Criminal Code of Canada that facilitates the recovery of costs in criminal proceedings. It ensures that parties involved in the case are compensated for any expenses they have incurred and helps to maintain the integrity of the justice system by enforcing court orders.

COMMENTARY

Section 827(2) of the Criminal Code of Canada serves as a crucial provision for ensuring that costs imposed by a court are paid in full and in a timely manner. The section outlines the consequences of failing to pay costs and provides a mechanism for enforcing payment through the issuance of a certificate certifying that costs or a part thereof have not been paid. Costs in a criminal case can encompass a variety of expenses, ranging from legal fees to witness fees to victim surcharges. These costs can be significant and can place a significant financial burden on an individual, particularly if they are facing other penalties such as fines or imprisonment. In some cases, an individual may be ordered to pay costs as part of a sentence. In other cases, costs may be imposed as a condition of bail or as a result of a civil claim related to criminal conduct. Section 827(2) serves as a means of ensuring that costs are paid in a timely manner and that individuals are held accountable for their financial obligations to the court. It provides a clear mechanism for enforcing payment and ensures that individuals do not escape accountability simply by failing to pay. The section requires that costs be paid in full within the period fixed for payment, which is typically determined by the court at the time the costs are imposed. If costs are not paid within this timeframe and the individual has not been bound by a recognizance to pay them, the clerk of the court can issue a certificate certifying that the costs or a part thereof have not been paid. This certificate can be applied for by the person entitled to the costs or by any person on their behalf, and requires the payment of any fee to which the clerk is entitled. Once issued, the certificate serves as evidence that the individual has failed to pay the costs and can be used to initiate legal action to enforce payment. While the consequences of failing to pay costs can be significant, the provision also allows for some flexibility in cases where an individual is unable to pay. If an individual has been bound by a recognizance to pay costs, the court may allow for the recognizance to be forfeited in lieu of payment. Additionally, if an individual is unable to pay the costs within the timeframe set by the court, they may be able to apply for an extension of time or negotiate a payment plan. Overall, Section 827(2) serves as an important provision for ensuring that costs imposed by a court are paid in a timely and effective manner. It provides a mechanism for enforcing payment and holds individuals accountable for their financial obligations to the court. At the same time, it allows for some flexibility in cases where payment may not be feasible, helping to balance the need for accountability with the need for fairness and compassion.

STRATEGY

Section 827(2) of the Criminal Code of Canada is an important provision in criminal proceedings that allows a victim or a person entitled to costs to obtain a certificate stating that the costs have not been paid. This provision is significant because it provides a legal remedy for people who are owed costs in criminal proceedings and ensures that they are not left without recourse. Strategic Considerations When dealing with this section of the Criminal Code of Canada, strategic considerations must be made to ensure that the application for the certificate is successful. Some of the strategic considerations that should be made include: 1. Timing: The applicant must be mindful of the time frame within which they can apply for the certificate. The period for payment of costs can vary from case to case, and if the costs are not paid within that period, the application for the certificate must be made promptly. Failure to do so may result in the applicant losing the right to obtain the certificate. 2. Evidence: The applicant must provide evidence that costs have not been paid, which can include receipts, invoices, or any other relevant documentation. It is essential to have a clear and complete record of the costs owed to avoid any challenges to the application. 3. Payment of Fees: The applicant must pay any fee required to obtain the certificate. Failure to pay the fees can result in delays or the rejection of the application. 4. Service of the Certificate: The applicant must serve the certificate on the person who has been ordered to pay costs. This ensures that the person is aware that the costs remain unpaid and that further action may be taken to recover the costs owed. Strategies There are several strategies that a victim or a person entitled to costs can employ to ensure that they obtain the certificate under section 827(2) of the Criminal Code of Canada. Some of these strategies include: 1. Negotiation: The applicant can negotiate with the person who has been ordered to pay costs to try and reach an agreement. This can be useful if the person who owes the costs is willing to negotiate a payment plan or is willing to pay the costs in full. Negotiation can help avoid the need for legal action and reduce the costs associated with obtaining the certificate. 2. Legal Action: If negotiation fails, the applicant can commence legal action to recover the costs owed. This can include filing a civil suit or applying for a writ of seizure and sale. Legal action can be costly and time-consuming, so it is essential to seek legal advice before proceeding. 3. Enforcing the Certificate: Once the certificate is obtained, the applicant can take steps to enforce it. This can include garnishing wages, seizing assets, or obtaining a writ of sale. These steps can be taken with the assistance of a lawyer or a collection agency. Conclusion Section 827(2) of the Criminal Code of Canada provides a legal remedy for victims and people entitled to costs in criminal proceedings. It is essential to make strategic considerations and employ effective strategies to ensure that the certificate is obtained and the costs are recovered. Negotiation, legal action, and enforcing the certificate are some of the strategies that can be employed to recover the costs owed.