INTRODUCTION AND BRIEF DESCRIPTION
Section 809(5) of the Criminal Code of Canada includes the costs of committing and conveying a person to prison in the definition of costs in relation to the section.
SECTION WORDING
809(5) In this section, "costs" includes the costs and charges, after they have been ascertained, of committing and conveying to prison the person against whom costs have been awarded.
EXPLANATION
Section 809(5) of the Criminal Code of Canada provides clarification on the definition of "costs" in the context of the Code. Costs refer to the expenses incurred in relation to the criminal proceedings, including legal fees, court costs, and any other charges associated with the proceedings. However, this section highlights an additional aspect of costs that is often overlooked, namely the costs and charges associated with committing and conveying to prison the person against whom costs have been awarded. Typically, when an individual is found guilty of an offense, they may be required to pay court costs as part of their punishment. However, if the individual is unable to pay the costs, they may be committed to prison until the costs are paid off. This section emphasizes that the costs associated with committing and conveying the individual to prison are also included in the overall costs of the proceedings. This provision ensures that all expenses incurred in relation to the criminal proceedings are accounted for and that individuals found guilty of offenses are held fully accountable for the costs associated with their actions. It also serves as a deterrent, as individuals may be more likely to consider the potential financial consequences of their actions before engaging in criminal behavior. Overall, Section 809(5) plays an important role in defining and clarifying the scope of costs in the Criminal Code of Canada, contributing to the effective and fair administration of justice in the country.
COMMENTARY
Section 809(5) of the Criminal Code of Canada is an important provision that governs the award of costs in criminal proceedings. It clarifies that the term costs" includes not only the usual expenses such as legal fees and disbursements, but also the costs of committing and conveying the offender to prison after the costs have been awarded. The purpose of this provision is to ensure that all costs incurred as a result of the criminal proceedings are properly accounted for. It acknowledges that the process of bringing an individual to justice involves significant resources, not only in terms of legal fees and other expenses, but also in terms of the police, court personnel, and other officials involved in the process. By including the costs of committing and conveying an offender to prison in the calculation of costs, the provision ensures that the offender, rather than the government or other agencies, bears these costs. This serves as a deterrent to potential offenders, as it adds an additional financial burden to those who are convicted of criminal offences. Furthermore, the provision ensures that the costs of committing and conveying an offender to prison are not overlooked or ignored. These costs can be significant, particularly in cases where the offender is located far from the courthouse or must be transported by air or other means. By including these costs in the calculation of the award, the court ensures that they are properly accounted for and reimbursed to the appropriate agencies. In practical terms, the provision also provides clarity and consistency in the assessment of costs in criminal proceedings. It helps to ensure that the calculation of costs is made in a uniform manner across all cases, and that all relevant expenses are taken into account. This can help to prevent disputes between parties about what costs are included and what are not, and can help to streamline the process of ordering and enforcing costs awards. While section 809(5) is a relatively minor provision, it serves an important function in the administration of criminal justice in Canada. By ensuring that all costs are properly accounted for and awarded in criminal proceedings, it helps to create a fair and consistent system of justice that serves the interests of all Canadians.
STRATEGY
Section 809(5) of the Criminal Code of Canada provides that "costs" include the expenses of committing and conveying to prison the person against whom costs have been awarded. This provision sets out the important principle that the costs of justice should be borne by those who cause them, rather than the public. However, this provision also raises some strategic considerations for lawyers and litigants when dealing with a case that may result in the award of costs. One of the most important strategic considerations is whether to seek an award of costs. This decision must take into account a variety of factors, such as the strength of the case, the amount at stake, the likelihood of success, and the potential for negative publicity or backlash. In general, seeking an award of costs may be appropriate if a party has been wronged and is seeking redress, if a party has incurred significant expenses in pursuing a matter, or if a party wishes to deter future misconduct by others. Once the decision to seek an award of costs has been made, there are several strategic considerations to keep in mind. For example, it is important to ensure that all costs have been properly documented and itemized, and that the amount of costs being sought is reasonable and proportional to the harm suffered. It may also be helpful to provide evidence of the steps taken to mitigate costs, such as attempts to settle or mediate the dispute before proceeding to litigation. Another strategy that may be employed when dealing with Section 809(5) of the Criminal Code of Canada is to negotiate a settlement that includes a provision for costs. This can be particularly useful in cases where the outcome is uncertain or the parties are reluctant to engage in a protracted legal battle. By agreeing on a settlement that includes an amount for costs, both parties can avoid the risks and expenses associated with a trial while ensuring that the costs of justice are still borne by the responsible party. In some cases, it may also be strategic to seek a higher amount of costs than is strictly necessary to cover the expenses of the case. This approach can be used as a deterrent to others who may consider engaging in similar misconduct or to signal to the public or stakeholders that the responsible party has been held accountable. Finally, it is important to note that the award of costs under Section 809(5) of the Criminal Code of Canada is discretionary. This means that judges have a wide range of discretion when awarding costs, and may take into account a variety of factors such as the conduct of the parties, the complexity of the case, and the outcome of the trial. As such, it is important for lawyers and litigants to be familiar with the relevant case law and to present a compelling case for why their costs should be awarded. In conclusion, Section 809(5) of the Criminal Code of Canada is an important provision that helps ensure that the costs of justice are borne by those who cause them. When dealing with this provision, lawyers and litigants must carefully consider their options and strategies, including whether to seek an award of costs, how to document and present their costs, and how to negotiate a settlement that includes a provision for costs. By doing so, they can ensure that justice is done while minimizing the risks and expenses of litigation.