R. v. Bath (S.S.), (2013) 335 B.C.A.C. 144 (CA)

• Judge: Frankel, J.A.
• Court: Court of Appeal (British Columbia)
• Case Date: January 18, 2013
• Jurisdiction: British Columbia
• Citations: (2013), 335 B.C.A.C. 144 (CA);2013 BCCA 126

R. v. Bath (S.S.) (2013), 335 B.C.A.C. 144 (CA);

    573 W.A.C. 144

MLB headnote and full text

Temp. Cite: [2013] B.C.A.C. TBEd. MR.058

Regina (respondent) v. Sikander Singh Bath (appellant)

(CA039857; 2013 BCCA 126)

Indexed As: R. v. Bath (S.S.)

British Columbia Court of Appeal

Frankel, J.A.

March 18, 2013.

Summary:

This appellant applied under s. 684 of the Criminal Code for the appointment of counsel to advance his conviction and sentence appeals. The convictions were for fraud and related to false claims for Goods and Services Tax (GST) refunds which were filed by various companies from 1995 to 1997 on the basis that they had paid GST in connection with the production in Canada of lumber, shake, and shingle products that had been exported.

The British Columbia Court of Appeal, per Frankel, J.A., dismissed the application.

Criminal Law - Topic 4974

Appeals - Indictable offences - Powers of Court of Appeal - Power to appoint counsel for accused - See paragraphs 1 to 45.

Cases Noticed:

R. v. Silcoff (D.L.), [2012] B.C.A.C. Uned. 88; 2012 BCCA 463, refd to. [para. 12].

R. v. Schiel (A.) et al. (2012), 314 B.C.A.C. 236; 534 W.A.C. 236; 2012 BCCA 1, dist. [para. 17].

R. v. Schiel (A.K.) et al., [2012] B.C.A.C. Uned. 75; 2012 BCCA 440, dist. [para. 18].

R. v. Vetrovec; R. v. Gaja, [1982] 1 S.C.R. 811; 41 N.R. 606, refd to. [para. 37].

Counsel:

G.N.A. Botting, for the appellant;

R.D. Leong, for the respondent.

This application was heard in Chambers on January 18, 2013, by Frankel, J.A., of the British Columbia Court of Appeal, who delivered the following decision on March 18, 2013.