The Attorney General of Quebec sought leave to appeal directly to the Supreme Court of Canada from Quebec Superior Court decisions ordering the state to pay defence counsel's fees at rates exceeding legal aid tariffs.
The Supreme Court held that a direct appeal does not lie, as section 676.1 of the Criminal Code provides for an appeal of costs orders to the provincial court of appeal.
The Court interpreted 'costs' broadly to include future payments for legal services.
The applications for leave to appeal were referred to the Quebec Court of Appeal.
