INTRODUCTION AND BRIEF DESCRIPTION

This section allows the lieutenant governor in council of a province to order changes to fees and allowances for proceedings before summary conviction courts and justices.

SECTION WORDING

840(2) The lieutenant governor in council of a province may order that all or any of the fees and allowances mentioned in the schedule to this Part shall not be taken or allowed in proceedings before summary conviction courts and justices under this Part in that province and, when the lieutenant governor in council so orders, he or she may fix any other fees and allowances for any items similar to those mentioned in the schedule, or any other items, to be taken or allowed instead.

EXPLANATION

Section 840(2) of the Criminal Code of Canada grants provincial governments the power to set fees and allowances for proceedings before summary conviction courts and justices under this Part in their jurisdiction, including the ability to order that certain fees and allowances in the schedule to this Part shall not be taken or allowed. The purpose of this provision is to give provincial governments greater control over the administration of justice in their respective territories. They have the ability to modify fees and allowances to help ensure that these proceedings are more accessible to all people, regardless of their financial circumstances. By allowing them to fix other fees and allowances for items similar to those mentioned in the schedule, or any other items, they can tailor the fees and allowances to the unique needs of their communities. This provision is beneficial because it ensures that the administration of justice is not limited by financial constraints. It allows for greater access to justice for all citizens, particularly those who cannot afford expensive legal fees. This provision also helps maintain a balanced justice system by providing adequate compensation to lawyers and judges, while ensuring that the fees charged are appropriate and in line with the services provided. Overall, section 840(2) is an important provision that empowers provincial governments to take an active role in the administration of justice in their territories. By giving them more control over fees and allowances, they can work to create a legal system that is fair, accessible, and efficient for all Canadians.

COMMENTARY

Section 840(2) of the Criminal Code of Canada grants the lieutenant governor in council of a province the power to order the suspension of certain fees and allowances in proceedings held before summary conviction courts and justices. Essentially, this means that certain costs associated with legal proceedings, such as court fees and allowances for legal representation, may be waived or reduced if deemed appropriate by the local government. This provision is important as it provides a mechanism for greater access to justice for individuals who may not have the financial means to cover the costs associated with legal proceedings. This is particularly relevant in the context of summary conviction courts, which handle less serious criminal offences and where the costs of legal representation can still be significant for those who may already be struggling financially. By allowing the lieutenant governor in council to order the suspension of certain fees and allowances in summary conviction proceedings, the legal system is able to operate in a more equitable and just manner. This not only ensures that those who may be economically disadvantaged are not unfairly penalized but also contributes to the overall fairness and integrity of the legal system. Additionally, the provision grants the lieutenant governor in council the power to fix alternative fees and allowances for items similar to those mentioned in the schedule or any other items that may be deemed appropriate. This enables the local government to adapt to the needs of the legal system and the community it serves. Overall, section 840(2) of the Criminal Code of Canada is an important provision that recognizes the importance of ensuring equal access to justice and fairness in the legal system. The power granted to the lieutenant governor in council provides a mechanism for addressing the needs of economically disadvantaged individuals and ensuring that the legal system operates in a manner that is consistent with fundamental values of fairness and justice.

STRATEGY

Section 840(2) of the Criminal Code of Canada provides a broad discretion to the lieutenant governor in council of a province to regulate the fees and allowances in proceedings before summary conviction courts and justices. This power can be used to promote access to justice, to regulate the conduct of the courts, and to ensure fairness in the administration of justice. There are several strategic considerations when dealing with this section of the Criminal Code, including the following: 1. Promoting access to justice: One of the most significant concerns for any justice system is to ensure access to justice for all. There are many factors that can affect access to justice, including the cost of legal fees, court fees, and other expenses related to legal proceedings. Section 840(2) of the Criminal Code can be used strategically to ensure that access to justice is promoted by regulating the fees and allowances in summary conviction courts and by allowing lower-income individuals to participate in the legal system. Some strategies that could be employed to promote access to justice include reducing or eliminating fees in certain circumstances and providing legal aid to those who cannot afford legal representation. 2. Regulating the conduct of the courts: One of the primary goals of the justice system is to ensure that the courts operate fairly and impartially. Section 840(2) of the Criminal Code can be used to regulate the conduct of summary conviction courts and justices by fixing fees and allowances for certain items and regulating the use of court resources. Some strategies that could be employed to regulate the conduct of the courts include setting fees and allowances to ensure that the courts are properly compensated for their services and regulating the use of court resources, such as the use of court facilities and equipment. 3. Ensuring fairness in the administration of justice: Another important goal of the justice system is to ensure that the administration of justice is fair and consistent. Section 840(2) of the Criminal Code can be used to ensure that fairness is promoted by regulating the fees and allowances in summary conviction courts and by providing a framework for the use of court resources. Some strategies that could be employed to ensure fairness in the administration of justice include setting fees and allowances in accordance with the complexity of the case and the resources required to resolve the dispute and regulating the use of court resources to ensure that they are used fairly and efficiently. In conclusion, section 840(2) of the Criminal Code of Canada provides a broad discretion to the lieutenant governor in council of a province to regulate the fees and allowances in proceedings before summary conviction courts and justices. There are several strategic considerations that should be taken into account when dealing with this section of the Criminal Code, including promoting access to justice, regulating the conduct of the courts, and ensuring fairness in the administration of justice. By taking these considerations into account, it is possible to create a system that is fair, efficient, and accessible to all.