If counsel available a complaint that trial proceeded without counsel will not avail

R. v. R.K., 2010 ONCA 757 is a useful reminder that where criminal counsel is available an argument that trial was unfair because an accused was not represented at trial will fail:


[8] In the circumstances, we see no error in the trial judge proceeding with the trial. The appellant was in possession of a legal aid certificate and could have retained counsel had he been prepared to seek further adjournment. The appellant however clearly preferred to proceed without counsel rather than spending additional time in custody awaiting trial