Wednesday, February 11, 2015

Interests of justice to justify appointment of counsel

R. v. VanEindhoven, 2015 NUCA 01:

[10] The “interests of justice” condition requires consideration of the following factors:
i. the arguable merits of the appeal (the appeal must not be frivolous (R v Smith, 2001 NFCA 38, 156 CCC (3d) 461 (Nfld CA));
ii. its complexity;
iii. the appellant’s capability; and
iv. the Court’s role to assist.
(See R v Sykes, 2014 NSCA 4, 339 NSR (2d) 191, at para 12, citing R v Assoun, 2002 NSCA 50, 53 WCB (2d) 267)

No comments: