Wednesday, June 30, 2010

Important POA decision released today - thanks to Jane Moffatt for sending it to me

Durham v. SAEED is a significant POA appeal decision.

The main issue on this appeal relates to the level of minimum assistance that must be provided to self-represented accused by Justices of the Peace for offences tried under Part I and II of the POA. 

This decision makes the distinction between the level of assistance required in the criminal context as opposed to regulatory matters, in keeping with the objects and purposes of the POA. 

The appeal judge suggests a more limited burden of assistance in Part I and II trials, with a somewhat expanded duty for Part III matters in order to meet the core objective in R. v. McGibbon (1988), 45 C.C.C. (3d) 334 (C.A.).

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