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Defence lawyer pays the costs for one too many motions

Thursday, July 20, 2017 @ 8:39 AM | By Jeffrey Manishen

While the recent decision of the Supreme Court of Canada in Quebec (Criminal and Penal Prosecutions) v. Jodoin may not have been the subject of much comment in the public forum, a close reading of the majority reasons could give rise to some very real concerns among those who practise criminal law in Canada.

The court was called upon to determine whether to uphold an order of a Superior Court justice in Quebec requiring a defence lawyer to pay $3,000 costs personally for having brought an unsuccessful...