COSTS, THE CHARTER AND REGULATORY OFFENCES: THE PRICE OF FAIRNESS

Abstract

The pendulum is swinging back toward increased regulation of various sources of risk in our post-modern society. A just system ought not to penalize whichever side is financially the weakest and ought to do everything in its power to level the playing field. The first part of the article brief1y reviews the restricted role of costs in criminal and quasi-criminal proceedings, including costs as a remedy for a violation of the Charter. The second part highlights the elements of modern regulatory offences that mirror civil proceedings, absent a costs rule. The final part proposes some principles for reform. Access to justice is one of the most important challenges to the legal system today. In the civil system, access to justice has been enhanced by mediation, costs rules, and class action legislation. Regulatory proceedings, which mirror civil proceedings in many respects, are lagging behind. A system of justice can only pride itself in fairness, when all can afford to enter the Courtroom door.