R. v. Bou-Daher (J.), (2014) 349 N.S.R.(2d) 398 (CA)

Judge:Farrar, J.A.
Court:Nova Scotia Court of Appeal
Case Date:August 28, 2014
Jurisdiction:Nova Scotia
Citations:(2014), 349 N.S.R.(2d) 398 (CA);2014 NSCA 82
 
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R. v. Bou-Daher (J.) (2014), 349 N.S.R.(2d) 398 (CA);

    1101 A.P.R. 398

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Temp. Cite: [2014] N.S.R.(2d) TBEd. SE.015

Jean (John) Bou-Daher (appellant) v. Her Majesty the Queen (respondent)

(CAC 422634; 2014 NSCA 82)

Indexed As: R. v. Bou-Daher (J.)

Nova Scotia Court of Appeal

Farrar, J.A.

September 9, 2014.

Summary:

The accused was charged with arson.

The Nova Scotia Provincial Court, in a decision reported at [2013] N.S.R.(2d) Uned. 316, convicted the accused. The accused appealed and applied for appointment of counsel under s. 684 of the Criminal Code.

The Nova Scotia Court of Appeal, per Farrar, J.A., allowed the application.

Civil Rights - Topic 4638

Right to counsel - Appointment of counsel by the court or the state - By appeal court - [See Criminal Law - Topic 4974 ].

Criminal Law - Topic 4974

Appeals - Indictable offences - Powers of Court of Appeal - Power to appoint counsel for accused - Key Largos bar was co-owned by Namnoun and Bou-Daher - Badour did some plumbing work at the bar - A fire was deliberately set at the bar - On the night of the fire, Badour went to the bar around midnight to be paid - Badour and Bou-Daher left together and the fire was detected a few minutes later - Bou-Daher was convicted of arson - He appealed and applied for appointment of counsel under s. 684 of the Criminal Code - The Nova Scotia Court of Appeal, per Farrar, J.A., allowed the application - Bou-Daher lacked the means to retain counsel - He did not have the ability to properly articulate what would be the appropriate grounds of appeal to assess the merits of the appeal - However, the court was satisfied that there was, at least, an arguable issue - The appeal was relatively complex - Bou-Daher required counsel in order to properly frame the grounds of appeal and properly present his case - It was in the interest of justice that he have legal assistance.

Cases Noticed:

R. v. J.W. (2011), 307 N.S.R.(2d) 155; 975 A.P.R. 155; 2011 NSCA 76, refd to. [para. 21].

R. v. Assoun (G.E.) (2002), 203 N.S.R.(2d) 316; 635 A.P.R. 316; 2002 NSCA 50, refd to. [para. 22].

R. v. Morton (T.L.) (2010), 297 N.S.R.(2d) 65; 943 A.P.R. 65; 2010 NSCA 103, refd to. [para. 23].

Statutes Noticed:

Criminal Code, R.S.C. 1985, c. C-46, sect. 684 [para. 20].

Counsel:

Appellant, in person;

Mark Scott, for the respondent;

Edward A. Gores, Q.C., for the respondent, Attorney General of Nova Scotia.

This application was heard in Chambers, at Halifax, N.S., on August 28, 2014, by Farrar, J.A., of the Nova Scotia Court of Appeal, who delivered the following decision on September 9, 2014.

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