Thursday, November 28, 2013

Legal aid and admissibility of evidence

R. v. Carrol and Denny, 2013 ONSC 7072 (CanLII), 


[29]           It is not the role of Legal Aid to determine what evidence is, or is not admissible, at a criminal trial.  Where the Crown seeks the admission of evidence at trial, it is incumbent on the defence to not only prepare for the motion, but to prepare for the trial as if that evidence may be admitted.  I cannot countenance refusing to admit relevant evidence on the basis that Legal Aid has determined it would not be admissible and therefore would not provide appropriate funding to defend against it.

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