INTRODUCTION AND BRIEF DESCRIPTION

A person is liable to imprisonment for one month if they fail to pay costs awarded against them in a case where no fine is imposed.

SECTION WORDING

809(4) Where no fine or sum of money is adjudged to be paid by a defendant, but costs are awarded against the defendant or informant, the person who is liable to pay them is, in default of payment, liable to imprisonment for one month.

EXPLANATION

Section 809(4) of the Criminal Code of Canada relates to the payment of costs in criminal proceedings. When a defendant or informant is ordered to pay costs, but no fine or penalty is levied against them, this section specifies the consequences for failing to make payment. The section states that the person who is liable to pay costs, whether the defendant or informant, will be subject to imprisonment for one month if they fail to make payment. This means that if the individual does not pay the costs owed within the specified time frame, they could face incarceration. The purpose of this section is to ensure that costs are paid, even in cases where no fine or penalty is imposed. The obligation to pay costs ensures that individuals who bring forth criminal charges or defend against them bear the financial burden associated with their participation in the legal process. Overall, the inclusion of Section 809(4) in the Criminal Code of Canada serves as a reminder of the serious consequences that can arise from not fulfilling financial obligations in criminal proceedings. It also emphasizes the importance of financial responsibility and accountability in the criminal justice system.

COMMENTARY

Section 809(4) of the Criminal Code of Canada states that if a defendant or informant is ordered by a court of law to pay costs, but no fine or monetary penalty is levied, and they fail to make the payment, they may be sentenced to imprisonment of up to one month. This provision is an important tool for ensuring that litigants who have been ordered to pay costs fulfill their financial obligations to the court. Costs are the expenses incurred by one party in a legal proceeding, typically awarded by a court to the successful party. They can include anything from court fees and witness expenses to legal fees and fees for expert witnesses. Although the primary purpose of awarding costs is to help offset the expenses incurred during the proceedings, there is also a punitive element to it. It is meant to discourage frivolous or vexatious litigation, and to incentivize parties to act in good faith and be mindful of the cost of litigating. When a court orders costs to be paid by a party, it is important that the order is obeyed. This is because the underlying purpose of ordering costs is defeated if the successful party is not able to recover the expenses incurred during the litigation. Conversely, awarding costs to a non-compliant party is meaningless, as it does not serve as a deterrent for future litigation misconduct. That is why section 809(4) of the Criminal Code is so important. It gives the courts the power to enforce their orders, which in turn ensures that all parties to a legal proceeding are held accountable for their actions. It is also worth noting that section 809(4) applies specifically to cases where no fine or monetary penalty is adjudged against the defendant. The rationale behind this is to ensure that defendants are not subject to imprisonment for failure to make a payment that they cannot afford. This provision strikes a balance between ensuring that litigants pay their costs, and protecting them from being punished for their inability to pay. In conclusion, section 809(4) is a necessary provision of the Criminal Code of Canada. It serves the important purpose of enforcing court orders for the payment of costs, which is an integral part of the litigating process. Without it, the success of a party in a legal proceeding could be hollow, as they may not be able to recover the expenses that they incurred in litigation. Ultimately, the existence of this provision helps promote accountability and integrity in our legal system.

STRATEGY

Section 809(4) of the Criminal Code of Canada is often overlooked by legal professionals as it appears to be a minor provision. However, as various cases have shown, failure to consider the implications of this section can lead to serious consequences for defendants and informants. This provision simply means that if a defendant or informant is ordered to pay costs but fails to do so, they can be sentenced to one month of imprisonment. In this paper, we will examine some of the strategic considerations for defendants and informants when dealing with this section of the Criminal Code and identify some strategies that can be employed to avoid the risk of imprisonment. Strategic Considerations The implications of section 809(4) should be a part of the defendant or informant's general strategy, right from the onset of the criminal proceedings. The following are some of the strategic considerations when dealing with this section: 1. Costs considerations: When it comes to criminal proceedings, the potential costs can be substantial, especially if the case goes to trial. An acquittal might not be the end of the ordeal for a defendant or informant who has been ordered to pay costs. This is because if the judge orders them to pay costs but doesn't specify a timeline for payment, then they could be in breach of section 809(4). As such, a lawyer representing a defendant or informant should keep the potential costs in mind and ensure that adequate arrangements for payment are made in advance. 2. Priority of payment: In a situation where a defendant or informant owes both fines and costs, the priority of payment should be considered. This is because if the defendant or informant pays the fine first, they may be imprisoned for failing to pay costs. As such, defendants and informants should ensure that their lawyers communicate with the court to clarify the order of payment. 3. Payment arrangements: Where a defendant or informant anticipates the possibility of being ordered to pay costs, payment arrangements should be made beforehand. These arrangements could include a payment plan or a loan agreement to ensure that payment is made within the specified timeline. 4. Proper documentation: Proper documentation should be kept for all payments made to the court, including receipts and bank statements. This is important because, in the event of any disputes, the court will require proof of payment. Strategies to Employ There are various strategies that can be employed to avoid the risk of imprisonment for failure to pay costs. Some of these strategies are: 1. Negotiation of costs: Defendants and informants can negotiate with the prosecutor or the court to reduce the amount of costs that they have been ordered to pay. A reasonable proposal could be to offer to carry out community service as an alternative to paying costs. 2. Payment in installments: If a defendant or informant has difficulties with making full payment upfront, they could request to make payment in installments. The court might consider this if the proposals meet the necessary requirements. 3. Application for extension of payment: A defendant or informant can apply to the court for an extension of time to pay the costs. It is advisable to make such an application before the due date. 4. Consideration for the court's discretion: In some cases, the court might use discretion to waive the costs in part or in full. With this in mind, defendants and informants should present their circumstances honestly and transparently to the court to help facilitate a fair decision. Conclusion Section 809(4) of the Criminal Code of Canada may seem like a minor provision, but it can have serious repercussions for defendants and informants who fail to consider its implications. Therefore, proper consideration of this section should be an integral part of a defendant or informant's general strategy. Defendants and informants should also employ useful strategies to avoid imprisonment for failure to pay costs, such as negotiation of costs, payment in installments, application for extension of payment, and honest consideration for court discretion. Ultimately, it is important that defendants and informants work closely with their lawyer to increase their chances of navigating this provision successfully.