R. v. Anderson (S.F.), (2000) 184 N.S.R.(2d) 201 (ProvCt)

• Judge: Curran, P.C.J.
• Court: Provincial Court of Nova Scotia (Canada)
• Case Date: February 25, 2000
• Jurisdiction: Nova Scotia
• Citations: (2000), 184 N.S.R.(2d) 201 (ProvCt)

R. v. Anderson (S.F.) (2000), 184 N.S.R.(2d) 201 (ProvCt);

 573 A.P.R. 201

MLB headnote and full text

Temp. Cite: [2000] N.S.R.(2d) TBEd. MR.040

Her Majesty the Queen v. Stephen Francis Anderson

(Case No. 912663-69, 71)

Indexed As: R. v. Anderson (S.F.)

Nova Scotia Provincial Court

Curran, P.C.J.

March 10, 2000.

Summary:

The accused was charged with several serious offences. The accused's legal aid counsel was permitted to withdraw because the accused no longer wanted her to repre­sent him. The accused unsuccessfully appealed to Nova Scotia Legal Aid for another legal aid counsel by a staff lawyer or legal aid certificate. A legal aid staff lawyer was authorized to take on the accused's case, but was unable to revisit the guilty pleas and the first legal aid counsel's advice regarding drug charges. The accused advised the court he required, but could not afford, a lawyer to represent him.

The Nova Scotia Provincial Court held that the appropriate remedy was a conditional stay of proceedings until the accused was provided with counsel or adequate funds to retain counsel.

Civil Rights - Topic 3157

Trials - Due process, fundamental justice and fair hearings - Criminal and quasi-criminal proceedings - Right to just and fair trial - The accused was charged with eight serious criminal charges - Three charges carried a potential life imprison­ment sentence - Three day trial - Voir dire with 30 Crown witnesses - The accused had high school education - The accused's legal aid counsel withdrew at the accused's request - The accused unsuccessfully ap­pealed for another legal aid lawyer - A legal aid lawyer was authorized to take the accused's case, except for reviewing the guilty pleas and the first legal aid lawyer's advice regarding drug charges - The accused advised the court he required, but could not afford, a lawyer - The Nova Scotia Provincial Court held that the accused could not receive a fair trial with­out a lawyer's assistance, which he could not afford and the appropriate remedy was a conditional stay of proceedings until the accused was provided with counsel or adequate funds to retain counsel.

Civil Rights - Topic 4631

Right to counsel - Appointment of counsel by the court or the state - General - The accused was charged with eight serious criminal charges - Three charges carried a potential life imprisonment sentence - Three day trial - Voir dire of 30 Crown witnesses - The accused had high school education - The accused's legal aid counsel withdrew at the accused's request - The accused unsuccessfully appealed for another legal aid lawyer - A legal aid lawyer was authorized to take the ac­cused's case, but could not review the guilty pleas and the first legal aid lawyer's advice regarding drug charges - The accused advised the court he required but could not afford a lawyer - The Nova Scotia Provincial Court postponed an order for a conditional stay to give the authori­ties the opportunity to provide the accused with counsel or the means to obtain coun­sel before the trial date.

Civil Rights - Topic 4631

Right to counsel - Appointment of counsel by the court or the state - General - The Nova Scotia Provincial Court stated that although the court could appoint counsel, "the power should be used sparingly, if at all, in modern circumstances when even the most frugal lawyer is faced with sub­stantial expenses, both professional and personal, and can ill afford unpaid days in court. That consideration would not apply if a court were to appoint a legal aid law­yer. The problem there is that aid is a severely limited resource and it would rarely be appropriate for the court to inter­fere with the political process of deciding how that resource should be used. Similar­ly, the court should hesitate to order the Minister of Justice to pay for counsel. It is enough, and appropriate, for the court to say what the consequences will be if coun­sel is not provided and leave it to the minister to make the political choices." - See paragraph 35.

Civil Rights - Topic 8374

Canadian Charter of Rights and Freedoms - Denial of rights - Remedies - Stay of proceedings - [See Civil Rights - Topic 3157 ].

Criminal Law - Topic 4488

Procedure - Trial - Representation of accused - [See Civil Rights - Topic 3157 and both Civil Rights - Topic 4631 ].

Government Programs - Topic 1441

Legal aid - Entitlement - General - [See Civil Rights - Topic 3157 and both Civil Rights - Topic 4631 ].

Cases Noticed:

R. v. Wilson (K.D.) (1997), 163 N.S.R.(2d) 206; 487 A.P.R. 206 (C.A.), refd to. [para. 8].

R. v. Keating (K.K.) (1997), 159 N.S.R.(2d) 357; 468 A.P.R. 357 (C.A.), refd to. [para. 18].

R. v. Rockwood (1989), 91 N.S.R.(2d) 305; 233 A.P.R. 305 (C.A.), refd to. [para. 24].

R. v. Kennie (G.D.) (1993), 121 N.S.R.(2d) 91; 335 A.P.R. 91 (C.A.), refd to. [para. 26].

R. v. McGibbon (1988), 31 O.A.C. 10; 45 C.C.C.(3d) 334 (C.A.), refd to. [para. 26].

R. v. Ewing and Kearney (1974), 18 C.C.C.(2d) 356 (B.C.C.A.), refd to. [para. 28].

R. v. Lewis, [1995] Y.J. No. 116 (Terr. Ct.), refd to. [para. 29].

R. v. Rowbotham et al. (1988), 25 O.A.C. 321; 41 C.C.C.(3d) 1 (C.A.), refd to. [para. 32].

R. v. Fisher, [1997] S.J. No. 530, refd to. [para. 33].

R. v. Taylor (J.W.) (1996), 150 N.S.R.(2d) 97; 452 A.P.R. 97 (T.D.), affd. (1996), 154 N.S.R.(2d) 378; 452 A.P.R. 378 (C.A.), refd to. [paras. 33, 34].

White, Re (1976), 32 C.C.C.(2d) 478 (Alta. T.D.), refd to. [para. 34].

Counsel:

Peter J. Craig, for the prosecution and the Minister of Justice of Nova Scotia;

Alan J. Stern, Q.C., for Nova Scotia Legal Aid;

Stephen F. Anderson, on his own behalf.

This application was heard on February 25, 2000, at Halifax, Nova Scotia, by Curran, P.C.J., of the Nova Scotia Provincial Court, who delivered the following decision on March 10, 2000.