Costs Against the Crown (POA/Criminal): Difference between revisions
mNo edit summary |
|||
| Line 11: | Line 11: | ||
<ref name="Kocet">R. v. Kocet, 2016 ONCJ 329 (CanLII), <https://canlii.ca/t/grz0l>, retrieved on 2021-11-08</ref> | <ref name="Kocet">R. v. Kocet, 2016 ONCJ 329 (CanLII), <https://canlii.ca/t/grz0l>, retrieved on 2021-11-08</ref> | ||
==R. v. 1820419 Ontario Inc., 2013 ONCJ 10 (CanLII)== | |||
[14] In <i>R. v. Garcia, at para. 13</i><ref name="Garcia"/>, <u>the Ontario Court of Appeal held that there are generally two broad categories of cases where orders of costs against the Crown have been made.</u> The first category consists of <u>cases where the conduct of the prosecution is said to merit sanction in the form of an award of costs.</u> <b><u>The second category consists of cases where there has been no Crown misconduct, but other “exceptional circumstances exist such that fairness requires that the individual litigant not carry the financial burden flowing from his or her involvement in the litigation”.</b></u> | |||
<ref name="1820419 Ontario">R. v. 1820419 Ontario Inc., 2013 ONCJ 10 (CanLII), <https://canlii.ca/t/fvmfn>, retrieved on 2021-11-08</ref> | |||
<ref name="Garcia">R. v. Garcia, 2005 CanLII 4831 (ON CA), <https://canlii.ca/t/1jvq1>, retrieved on 2021-11-08</ref> | |||
==References== | ==References== | ||
Revision as of 20:30, 8 November 2021
| Caselaw.Ninja, Riverview Group Publishing 2021 © | |
|---|---|
| Date Retrieved: | 2024-11-23 |
| CLNP Page ID: | 1799 |
| Page Categories: | [Provincial Offences] |
| Citation: | Costs Against the Crown (POA/Criminal), CLNP 1799, <4f>, retrieved on 2024-11-23 |
| Editor: | Sharvey |
| Last Updated: | 2021/11/08 |
Need Legal Help?
Call (888) 655-1076
Join our ranks and become a Ninja Initiate today
R. v. Kocet, 2016 ONCJ 329 (CanLII)[1]
[6] The recent decisions of the Ontario Court of Appeal in Singh and Fercan have clarified the law with respect to costs awards against the Crown in criminal cases. Costs awards, in the rare circumstances where they are appropriate, are integrally connected to the court’s control of its trial process, and are intended as a means of disciplining and discouraging behaviour. There is a compensatory element to such awards, but the concepts related to costs awarded in civil litigation do not apply in the criminal context. The reasons for costs awards in those two systems are different. The Crown in a criminal case is not an ordinary litigant, and an award of costs against the Crown in the criminal context does not focus on the indemnity. In quantifying a costs award against the Crown in a criminal context, the court must exercise discretion having regard for the fact that the funds are coming from the public purse and that the purpose of the costs award against the Crown in a criminal context is to provide a reasonable portion of the cost that an accused incurs to secure his or her Charter rights.
R. v. 1820419 Ontario Inc., 2013 ONCJ 10 (CanLII)
[14] In R. v. Garcia, at para. 13[2], the Ontario Court of Appeal held that there are generally two broad categories of cases where orders of costs against the Crown have been made. The first category consists of cases where the conduct of the prosecution is said to merit sanction in the form of an award of costs. The second category consists of cases where there has been no Crown misconduct, but other “exceptional circumstances exist such that fairness requires that the individual litigant not carry the financial burden flowing from his or her involvement in the litigation”.
References
- ↑ 1.0 1.1 R. v. Kocet, 2016 ONCJ 329 (CanLII), <https://canlii.ca/t/grz0l>, retrieved on 2021-11-08
- ↑ 2.0 2.1 R. v. Garcia, 2005 CanLII 4831 (ON CA), <https://canlii.ca/t/1jvq1>, retrieved on 2021-11-08
- ↑ R. v. 1820419 Ontario Inc., 2013 ONCJ 10 (CanLII), <https://canlii.ca/t/fvmfn>, retrieved on 2021-11-08
