R. v. VanEindhoven (A.), 2015 NUCA 1

• Judge: Berger, Rowbotham and Brown, JJ.A.
• Court: Nunavut Court of Appeal (Canada)
• Case Date: February 10, 2015
• Jurisdiction: Nunavut
• Citations: 2015 NUCA 1;(2015), 599 A.R. 115

R. v. VanEindhoven (A.) (2015), 599 A.R. 115; 643 W.A.C. 115 (NUCA)

MLB headnote and full text

Temp. Cite: [2015] A.R. TBEd. FE.001

Adrian VanEindhoven (applicant) v. Her Majesty the Queen (respondent)

(18-001-CAP; 2015 NUCA 1)

Indexed As: R. v. VanEindhoven (A.)

Nunavut Court of Appeal

Berger, Rowbotham and Brown, JJ.A.

February 10, 2015.

Summary:

The accused appealed his conviction for second degree murder. He applied for court appointed counsel.

The Nunavut Court of Appeal allowed the application.

Criminal Law - Topic 4974

Appeals - Indictable offences - Powers of Court of Appeal - Power to appoint counsel for accused - The accused appealed his conviction for second degree murder - He applied for court appointed counsel - The thrust of his appeal was that the trial judge did not adequately caution the jury to ignore certain personal opinions expressed by prosecuting counsel during the course of his address to the jury - The accused was denied legal aid funding - The Nunavut Court of Appeal allowed the application - The Crown conceded that the accused did not have the necessary financial means to retain counsel to prosecute the appeal - The appeal was not frivolous - Moreover, there were nuances raised by the ground of appeal which challenged the Crown's closing remarks - These would be difficult for the accused to thoroughly pursue without the benefit of counsel.

Cases Noticed:

Smith et al. v. R. (2001), 203 Nfld. & P.E.I.R. 90; 610 A.P.R. 90; 156 C.C.C.(3d) 461; 2001 NFCA 38, refd to. [para. 10].

R. v. Sykes (K.C.) (2014), 339 N.S.R.(2d) 191; 1073 A.P.R. 191; 2014 NSCA 4, refd to. [para. 10].

R. v. Assoun (G.E.) (2002), 203 N.S.R.(2d) 316; 635 A.P.R. 316; 53 W.C.B.(2d) 267; 2002 NSCA 50, refd to. [para. 10].

Counsel:

B. Flight, for the respondent;

Adrian VanEindhoven, the applicant, was self-represented.

This application was heard by Berger, Rowbotham and Brown, JJ.A., of the Nunavut Court of Appeal. The following memorandum of judgment of the Court of Appeal was delivered on February 10, 2015.