INTRODUCTION AND BRIEF DESCRIPTION
The winner of a defamatory libel case can recover reasonable costs from the losing party, as determined by the court.
SECTION WORDING
751 The person in whose favour judgment is given in proceedings by indictment for defamatory libel is entitled to recover from the opposite party costs in a reasonable amount to be fixed by order of the court.
EXPLANATION
Section 751, as part of the Criminal Code of Canada, addresses the issue of defamatory libel which refers to a written or published statement that harms the reputation of an individual or a group. When a person is charged with defamatory libel as an indictable offense, the accused is entitled to defend themselves in court, and if he or she is found guilty, they are subjected to imprisonment or a fine. However, if the person in whose favour judgment is given, which means if the plaintiff who had their reputation harmed, is found just, they are then entitled to recover the costs incurred during the legal process. The section ensures that the prevailing party in a case involving defamatory libel, received fair compensation for the resources spent on the legal process. The costs covered by Section 751 may include legal fees, court costs, and expenses incurred to collect evidence for the lawsuit. The recovery of these costs can make it easier for victims of libel to seek justice and hold those who have defamed them accountable. The section also requires that the court orders reasonable costs for the successful party rather than an excessive amount that may discourage individuals from bringing a case against defamatory libel. Judges must consider the nature of the case and the actual costs incurred by the party in deciding the amount of compensation. Overall, the section ensures a fair and just process for both parties involved in a defamatory libel case, where the complainant can receive justice and the accused can be held accountable for their actions.
COMMENTARY
Section 751 of the Criminal Code of Canada is specifically focused on defamatory libel cases and outlines the entitlement of the successful party in such cases to recover the costs incurred during the litigation process. This provision recognizes the financial burden that may be experienced by those who have been compelled to defend themselves against libellous accusations. It is also a means of discouraging frivolous or baseless accusations, as those who bring such claims are risking not only their reputation but also a potentially significant amount of money. Defamatory libel is a criminal offence in Canada, and as such, is prosecuted by the state. The purpose of a defamatory libel trial is to determine whether the accused has, in fact, published a defamatory statement about the plaintiff, and if so, whether such a statement is protected by the right to freedom of expression or constitutes a criminal offence. If the accused is found guilty, they may be subject to penalties, including fines and imprisonment, and may also be ordered to pay restitution to the victim. Section 751 comes into play after a determination of guilt or innocence has been made. If the plaintiff is successful in obtaining a guilty verdict, they are entitled to recover from the accused the costs they incurred in pursuing the defamation claim. Thus, while the purpose of a criminal trial is to hold the offender accountable to society, section 751 allows the victim of the defamatory libel to recover some of their losses. The amount of costs that may be awarded under this provision is not specified, but it must be a reasonable amount" as determined by the court. Factors that may be considered in determining a reasonable amount include the complexity of the case, the length of the trial, and the costs incurred by both parties. The intent of this provision is to ensure that the claimant recovers the costs they incurred, but not to provide a windfall at the expense of the accused. There are several potential benefits to the inclusion of section 751 in the Criminal Code of Canada. Firstly, it serves as a deterrent to individuals filing frivolous defamation claims. The prospect of having to pay the claimant's legal fees may discourage people from making accusations without sufficient evidence. Secondly, it provides some measure of compensation to the person who has been defamed. This is particularly important in cases where the defamation has caused real harm, such as the loss of a job or damage to one's reputation. Finally, it may encourage individuals to come forward and report cases of defamation that they might otherwise be reluctant to bring to trial due to the financial cost of litigation. Overall, section 751 of the Criminal Code of Canada provides an important means of ensuring that those who have been subjected to defamatory libel are able to recover some of the losses they incurred during the litigation process. It strikes a balance between protecting freedom of expression and holding individuals accountable for their actions while also providing some measure of restitution to those affected by defamation.
STRATEGY
Section 751 of the Criminal Code of Canada deals with recovery of costs in cases of defamatory libel prosecuted by indictment. This provision is important for parties involved in such cases as it provides a mechanism for recovering costs incurred in prosecuting or defending against a criminal charge of defamatory libel. However, there are certain strategic considerations that parties should be aware of when dealing with this provision. One of the key considerations is the level of legal fees that are reasonable in relation to the complexity and duration of the case. This is important because the court will determine the amount of costs on a case-by-case basis, taking into account various factors such as the nature and severity of the defamatory statements, the evidence presented, and the complexity of legal issues involved. As such, parties must be prepared to provide detailed and accurate records of all legal fees incurred, including time spent on research, document preparation, and court appearances. Another important consideration is the timing of the application for costs under section 751. This provision only applies to cases where judgment is given in favour of the party that brings the indictment. Therefore, parties must be mindful of the stage of the proceedings at which they seek to make an application for costs. For instance, if a case is dismissed by the court before judgment is given, then the party will not be entitled to recover costs. It is also important to consider the overall impact of Section 751 on the strategic goals of the parties. Some parties may view the potential for recovery of costs as an incentive to proceed with a criminal prosecution in cases of defamatory libel. However, others may view the costs recovery mechanism as a hindrance to pursuing a civil action, which might result in a larger payout. Therefore, it is important for parties to weigh the potential benefits and drawbacks of invoking section 751 before deciding on the best course of action. With respect to strategies that could be employed in dealing with Section 751, parties can take a number of steps to maximize their chances of recovering costs in cases of defamatory libel prosecuted by indictment. Firstly, parties should be prepared to provide detailed and accurate records of all legal fees incurred in their case, including the time spent on research, document preparation, and court appearances. This will help to support any application for costs and increase the likelihood of obtaining a favourable order from the court. Secondly, parties should be mindful of the timing of the application for costs and ensure that it is made at the appropriate stage of the proceedings. For instance, if a case is dismissed before judgment is given, then the party should not make an application for costs as it will not be successful. Thirdly, parties can explore the possibility of using section 751 as a bargaining tool in settlement negotiations. If the party is confident that they will obtain a favourable judgment in the case, then they could use the potential for recovery of costs as a way of incentivizing the opposite party to settle the matter out of court. Finally, parties can also consider seeking legal advice on how best to navigate Section 751 and other provisions of the Criminal Code of Canada that deal with defamatory libel. By working with experienced legal counsel, parties can identify and implement strategies that are tailored to their specific case and ensure that they are fully informed about their rights and options under the law. In summary, Section 751 of the Criminal Code of Canada provides a mechanism for recovering costs in cases of defamatory libel prosecuted by indictment. However, parties must be aware of the strategic considerations involved in dealing with this provision and take steps to maximize their chances of obtaining a favourable order from the court. By being well-informed and strategic, parties can effectively navigate the legal landscape and protect their interests in any case of defamatory libel.