Her Majesty the Queen v. C.G.
Her Majesty the Queen v. Roszmann
[Indexed as: R. v. G. (C.)]
2018 ONCA 751
Court of Appeal for Ontario, Watt J.A. (in Chambers)
September 13, 2018
Criminal law — Appeal — Transcripts — Court of Appeal providing
directions on fees payable for appeal copies of trial transcripts and
The accused were appealing their convictions. Each was involved in a dispute
over the fees and associated costs that authorized court transcriptionists (“ACTs”)
are entitled to charge for the completion and delivery of the trial transcripts for
use on appeal when one copy had already been paid for by the accused the rate for
a first copy ($4.30) during the trial. The dispute centered on what additional fees
had to be paid to the ACT to obtain the required five transcripts in the appellate
format. As a result of the dispute over fees, the ACT would not produce the
accused’s transcripts which they needed for their appeals. They brought motions
for directions about those fees and related issues.
Held, the motions should be granted.
There is an inconsistency between O. Reg. 94/14 (the “Regulation”), which created the new transcription system and which sets the fees for transcripts prepared
by ACTs, and the Court Transcript Standards and Procedures Manual produced
by the Ministry of the Attorney General (the “manual”), which is the authoritative
reference for transcript standards and procedures with which all ACTs in Ontario
must comply. Read on its own, the regulation requires payment of $0.55 per page
“for any additional certified copy of the transcript in printed format”. It says nothing about any exception for appeal transcripts and does not provide that they
should be produced at no cost to their ACT creators or to the parties to an appeal
in which the transcripts are required by the Court of Appeal. Read on its own, the
manual requires use of the Queen’s Printer to prepare, bind and make available
for distribution the copies of transcripts necessary for the parties and Court of
Appeal without cost to the ACTs or to the parties. The manual says nothing about
instances where the proceedings have been previously transcribed.
Until the Ministry of the Attorney General resolved that inconsistency, the following directions should be followed in a case in which the first copy has already
been produced: (1) the ACTs may produce and deliver five certified copies of the
transcripts within 30 days with printing and binding done by the Queen’s Printer,
for which they will be paid a fee of $0.55 per page for one copy of the transcript; (2)
if the ACTs fail or refuse to produce the transcripts as described in (1), they shall
deliver an electronic copy of the transcript to Court Services Division of the Ministry of the Attorney General (“CSD”), in an electronic format acceptable to CSD,
for which they shall be paid $20 by CSD; (3) in that case, CSD shall arrange for the
transcript to be reformatted if necessary, printed and bound by the Queen’s
Printer, and certified by another ACT at a cost of $0.55 per page for one copy, payable
by the appellants to CSD; (4) if the CSD is unable to provide a reformatted and certified copy of the transcript, the appeal will proceed on a photocopy of the transcript.