R. v. McDiarmid (M.L.), (2015) 383 B.C.A.C. 3 (YukCA)
| Judge | Bennett, J.A. |
| Court | Court of Appeal (Yukon Territory) |
| Case Date | October 09, 2015 |
| Jurisdiction | Yukon |
| Citations | (2015), 383 B.C.A.C. 3 (YukCA);2015 YKCA 19 |
R. v. McDiarmid (M.L.) (2015), 383 B.C.A.C. 3 (YukCA);
661 W.A.C. 3
MLB headnote and full text
Temp. Cite: [2016] B.C.A.C. TBEd. JA.001
Regina (respondent) v. Mark Lee McDiarmid (appellant)
(YU733; 2015 YKCA 19)
Indexed As: R. v. McDiarmid (M.L.)
Yukon Court of Appeal
Bennett, J.A.
October 9, 2015.
Summary:
A jury convicted McDiarmid of dangerous driving and breach of an undertaking. McDiarmid appealed his conviction and sentence. He applied for the appointment of counsel.
The Yukon Court of Appeal, per Bennett, J.A., addressed McDiarmid's request that counsel be appointed on a limited basis. The court held that s. 684 of the Criminal Code was not intended to cover disbursement-like fees without also appointing counsel. The only way McDiarmid could obtain the help he sought under s. 684 was if he accepted the appointment of a lawyer to argue his appeal. The court found that McDiarmid had established the basis for an appointment of counsel under s. 684. However, McDiarmid advised the court that he did not accept the appointment of counsel in the terms that the court ordered. He advised that he only wanted the court to order that the transcripts be paid for by the Attorney General, and he would eventually raise the money to pay for his own lawyer. The court stated that there was no need to file an order as McDiarmid had essentially withdrawn the application for the appointment of counsel.
Civil Rights - Topic 4638
Right to counsel - Appointment of counsel by the court or the state - By appeal court - See paragraphs 1 to 52.
Cases Noticed:
R. v. Baig (1990), 58 C.C.C.(3d) 156 (B.C.C.A.), refd to. [para. 7].
International Forest Products Ltd. et al. v. Kern et al. (2001), 161 B.C.A.C. 1; 263 W.A.C. 1; 2001 BCCA 632, refd to. [para. 8].
R. v. Jaycox (D.A.) (2012), 316 B.C.A.C. 274; 537 W.A.C. 274; 2012 BCCA 105, refd to. [para. 8].
R. v. Mills (J.D.) (1999), 122 B.C.A.C. 157; 200 W.A.C. 157; 1999 BCCA 269, refd to. [para. 13].
R. v. Bernardo (P.K.) (1997), 105 O.A.C. 244; 121 C.C.C.(3d) 123 (C.A.), refd to. [para. 14].
R. v. Kim (F.) (2002), 164 B.C.A.C. 126; 268 W.A.C. 126; 2002 BCCA 133, leave to appeal denied [2002] S.C.C.A. No. 160, refd to. [para. 17].
R. v. Adamson (B.), [2014] O.A.C. Uned. 510; 2014 ONCA 570, refd to. [para. 24].
R. v. Butler (M.H.) (2006), 231 B.C.A.C. 303; 381 W.A.C. 303; 2006 BCCA 476, leave to appeal denied (2008), 387 N.R. 396 (S.C.C.), refd to. [para. 26].
R. v. Williams (C.L.) (2011), 301 B.C.A.C. 286; 510 W.A.C. 286; 2011 BCCA 85, refd to. [para. 26].
R. v. Goldberg (D.R.) (2013), 336 B.C.A.C. 202; 574 W.A.C. 202; 2013 BCCA 154, refd to. [para. 26].
R. v. Murphy (A.A.) (2015), 372 B.C.A.C. 88; 640 W.A.C. 88; 2015 YKCA 10, refd to. [para. 44].
Statutes Noticed:
Criminal Code, R.S.C. 1985, c. C-46, sect. 684 [para. 5].
Counsel:
The appellant appearing in person, via videoconference;
D. McWhinnie, for the respondent, via videoconference.
This application was heard in chambers, on July 28 and September 10 and 17, 2015, at Vancouver, B.C., before Bennett, J.A., of the Yukon Court of Appeal, who delivered the following oral reasons for judgment on October 9, 2015.
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R v Fox, 2018 BCCA 431
...s. 684 and would be contrary to the jurisprudence of this Court: R. v. Kim, 2002 BCCA 133 (Donald J.A. in Chambers) and R. v. McDiarmid, 2015 YKCA 19 (Bennett J.A. in Chambers). The Crown contends that these cases are authority for the proposition that this Court will not appoint counsel to......
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R. v. Verma, 2018 BCSC 2311
...upon me, and the application for a trial de novo and the appointment of counsel are dismissed. [20] On the basis of R. v. McDiarmid, 2015 YKCA 19, a decision of Madam Justice Bennett, I have no jurisdiction to order that the state pay for the production of transcripts in the absence of an o......
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R. v. J.J.P., 2019 YKCA 16
...of interests of justice are summarized in International Forest Products Ltd. v. Wolfe, 2001 BCCA 632 at para. 6 and R v McDiarmid, 2015 YKCA 19 at para. · The complexity of the case; · The points to be argued on appeal; · Any point of general importance in the appeal; · The applicant’s comp......
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R. v. Verma, 2017 BCCA 273
...the order requested. Indeed, this Court may not fund the production of transcripts without the appointment of counsel: R. v. McDiarmid, 2015 YKCA 19 para. 17. Mr. Justice Donald denied this type of limited retainer application, concluding that appointing counsel for the sole purpose of orde......
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R v Fox, 2018 BCCA 431
...s. 684 and would be contrary to the jurisprudence of this Court: R. v. Kim, 2002 BCCA 133 (Donald J.A. in Chambers) and R. v. McDiarmid, 2015 YKCA 19 (Bennett J.A. in Chambers). The Crown contends that these cases are authority for the proposition that this Court will not appoint counsel to......
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R. v. J.J.P., 2019 YKCA 16
...of interests of justice are summarized in International Forest Products Ltd. v. Wolfe, 2001 BCCA 632 at para. 6 and R v McDiarmid, 2015 YKCA 19 at para. · The complexity of the case; · The points to be argued on appeal; · Any point of general importance in the appeal; · The applicant’s comp......
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R. v. Verma, 2018 BCSC 2311
...upon me, and the application for a trial de novo and the appointment of counsel are dismissed. [20] On the basis of R. v. McDiarmid, 2015 YKCA 19, a decision of Madam Justice Bennett, I have no jurisdiction to order that the state pay for the production of transcripts in the absence of an o......
-
R. v. Verma, 2017 BCCA 273
...the order requested. Indeed, this Court may not fund the production of transcripts without the appointment of counsel: R. v. McDiarmid, 2015 YKCA 19 para. 17. Mr. Justice Donald denied this type of limited retainer application, concluding that appointing counsel for the sole purpose of orde......