Friday, July 22, 2016

An accused may discharge counsel at any time and the Court may not block such

It may be the trial will proceed without counsel but that's another issue. 

R. v. Chemama, 2016 ONCA 579:

[58]       An accused has an unfettered right to discharge his or her legal counsel at any time and for any reason. A court cannot interfere with this decision and cannot force counsel upon an unwilling accused: R. v. Cunningham, 2010 SCC 10, [2010] 1 S.C.R. 331, at para. 9; R. v. Amos, 2012 ONCA 334, at para. 19. In exceptional circumstances, the court may appoint an amicus curiae to assist the court where this is necessary to permit the successful and just adjudication of a particular proceeding: Cunningham, at para. 9; Ontario v. Criminal Lawyers' Association of Ontario, 2013 SCC 43, [2013] 3 S.C.R. 3, at para. 44.

Of the Law Societies of Upper Canada and Nunavut 

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