Ineffective assistance of counsel

R. v. W.E.B deals with a claim of ineffective assistance of counsel. The Court summarizes the test:

To succeed on his ineffective assistance claim, the appellant must discharge his onus to establish: (1) the facts that underpin his claim; (2) the representation provided by his trial counsel was incompetent; and (3) his counsel’s incompetent representation resulted in a miscarriage of justice: R. v. Joanisse (1995), 102 C.C.C. (3d) 35 (C.A.); leave to appeal to S.C.C. refused, [1996] S.C.C.A. No. 347; R. v. T. (L.C.) 2012 ONCA 116. Incompetence is determined by a reasonableness standard and must be assessed without the wisdom of hindsight. A strong presumption that counsel’s conduct fell within the range of reasonable professional assistance applies: Joanisse; T. (L.C.).