section 840(1)

INTRODUCTION AND BRIEF DESCRIPTION

This section lists the fees and allowances that can be taken in summary conviction court proceedings.

SECTION WORDING

840(1) Subject to subsection (2), the fees and allowances mentioned in the schedule to this Part are the fees and allowances that may be taken or allowed in proceedings before summary conviction courts and justices under this Part.

EXPLANATION

Section 840(1) of the Criminal Code of Canada refers to the fees and allowances that may be taken or allowed in proceedings before summary conviction courts and justices under this Part. The purpose of this section is to regulate the billing and payment of fees and allowances in criminal proceedings, ensuring that they are reasonable and sustainable. The schedule referred to in this section outlines the various fees and allowances that may be charged by lawyers, the court, and other officials involved in criminal proceedings, such as expert witnesses or interpreters. These fees and allowances are determined by the government, and are intended to cover the costs associated with legal representation, court administration, and expert testimony. Subsection (2) clarifies that the fees and allowances listed in the schedule are not exhaustive - that is, other fees and allowances may be charged if they are deemed reasonable and necessary. However, any additional fees or allowances must be authorized by the court or justice hearing the case. In summary, Section 840(1) of the Criminal Code of Canada plays an important role in ensuring that criminal proceedings are conducted efficiently and fairly. By setting reasonable fees and allowances for legal representation and other related services, this section helps to reduce the financial burden on both defendants and the justice system itself.

COMMENTARY

Section 840(1) of the Criminal Code of Canada outlines the fees and allowances that may be taken or allowed in proceedings before summary conviction courts and justices under this Part. The schedule to this Part refers to the fees and allowances that may be charged for different services rendered during the proceedings, such as filing fees, witness fees, and travel expenses. The purpose of this section is to ensure that all legal proceedings in summary conviction courts are fair and equitable for all parties involved. By setting out a clear and specific schedule of fees and allowances that can be charged, this section helps to prevent excessive or unreasonable fees from being charged to individuals involved in legal proceedings. Furthermore, by outlining the fees and allowances that can be charged for various services, this section helps to promote transparency and accountability in the legal system. It ensures that individuals involved in legal proceedings are aware of the fees they may be charged and allows them to plan accordingly. This section also serves to protect the interests of the accused by ensuring that they are not subjected to unfair financial burdens as a result of legal proceedings. If fees and allowances were not regulated, an accused individual may be subjected to excessive or unforeseen fees, which could create a financial hardship and impede their ability to defend themselves effectively. However, while section 840(1) of the Criminal Code of Canada is essential in regulating fees and allowances in summary conviction courts, it is not without its flaws. The fees and allowances outlined in the schedule to this Part have not been updated since 1996, which means that they may not reflect current costs and expenses incurred during legal proceedings. Furthermore, this section does not account for the financial circumstances of the accused. For example, an accused individual may not be able to afford the fees and allowances charged, which could result in a denial of access to justice. While certain exemptions and reductions may be available in some cases, they may not be accessible or sufficient to alleviate the financial burden for all accused individuals. In conclusion, section 840(1) of the Criminal Code of Canada serves an important role in regulating fees and allowances in summary conviction courts. It ensures that legal proceedings are fair, equitable, transparent and accountable. While there are some limitations to this section, it remains an essential component of the legal system in Canada.

STRATEGY

Section 840(1) of the Criminal Code of Canada outlines the fees and allowances that are allowed to be taken or given in proceedings before summary conviction courts and justices. It is an important section of the Criminal Code, especially when it comes to the financial implications of criminal proceedings. Some strategic considerations when dealing with this section of the Criminal Code include estimating the possible costs of the proceedings, as well as considering the potential consequences of the case. This includes both financial consequences (such as fines and court costs) as well as non-financial consequences (such as potential jail time or criminal record). Additionally, it may be important to consider if there are any cost-saving measures that can be taken to reduce legal fees, such as negotiating a plea bargain or finding alternative dispute resolution methods. To minimize financial consequences, it may be beneficial to negotiate a deal that would allow for a guilty plea, lower costs or a sentence reduction. This could include pleading guilty to a lesser charge, entering into a diversion or alternative measures program, or entering a plea bargain. Entering a diversion program may be possible if the accused has no prior recording offenses and the crime committed was non-violent or a minor offense. The accused person will undergo a rehabilitation program, and upon completion, the charges will be dropped. Another strategy that may be useful is hiring a criminal defence lawyer who has experience in representing clients in summary conviction court. While it may seem like an added cost, a good defense lawyer can help minimize the financial and non-financial consequences of the case. They can help the accused person navigate the legal system, negotiate plea deals, and develop an effective defense. In addition, it may be beneficial to understand the schedule to this Part and which fees and allowances will apply to the case. Understanding the potential costs can help the accused person make informed decisions about how to proceed with their defense. In conclusion, section 840(1) of the Criminal Code of Canada is an important section to consider when dealing with criminal proceedings. There are a number of strategic considerations that should be taken into account when preparing a defense, including estimating costs, considering potential consequences, and finding ways to reduce legal fees. By taking these strategic considerations into account, the accused person can ensure that they have the best possible chance of minimizing the financial and non-financial consequences of their criminal case.