R. v. Willett-French (J.G.), (2001) 198 N.S.R.(2d) 161 (ProvCt)

• Judge: Curran, P.C.J.
• Court: Provincial Court of Nova Scotia (Canada)
• Case Date: November 01, 2001
• Jurisdiction: Nova Scotia
• Citations: (2001), 198 N.S.R.(2d) 161 (ProvCt);2001 NSPC 30

R. v. Willett-French (J.G.) (2001), 198 N.S.R.(2d) 161 (ProvCt);

 621 A.P.R. 161

MLB headnote and full text

Temp. Cite: [2001] N.S.R.(2d) TBEd. NO.013

Her Majesty The Queen v. John Gordon Willett-French

(2001 NSPC 30)

Indexed As: R. v. Willett-French (J.G.)

Nova Scotia Provincial Court

Curran, P.C.J.

November 1, 2001.

Summary:

An indigent accused represented by legal aid counsel was charged with multiple serious offences that could result in life imprisonment. Counsel withdrew following a breakdown in the solicitor-client relation­ship. The accused was then provided with private counsel funded by legal aid. The accused discharged counsel over a disagree­ment on how to proceed with the case. Legal Aid refused to fund further counsel. The accused sought a stay of proceedings until he was provided with state-funded counsel.

The Nova Scotia Provincial Court granted a conditional stay, but postponed it for 12 days to permit the Crown to decide whether it would provide state-funded counsel.

Civil Rights - Topic 3157

Trials - Due process, fundamental justice and fair hearings - Criminal and quasi-criminal proceedings - Right to just and fair trial - [See Civil Rights - Topic 4633 ].

Civil Rights - Topic 4633

Right to counsel - Appointment of counsel by the court or the state - Where party impecunious - An impecunious accused was charged with multiple offences for which he could be imprisoned for life - Legal aid counsel withdrew following a breakdown in the solicitor-client relation­ship - The accused was then provided with private counsel funded by Legal Aid - The accused discharged that lawyer over a disagreement on how to proceed with the case - Legal Aid refused to fund further counsel - The accused sought a stay of proceedings until he was provided with state-funded counsel - The Nova Scotia Provincial Court granted a stay conditional upon the provision of state-funded counsel - Given the complexity of the case, the accused could not receive a fair trial unless he was represented by a lawyer - An accused who discharged state-funded coun­sel for improper reasons was generally disentitled to further state-funded counsel -Here, legal aid counsel withdrew and was not discharged - Dismissing state-funded private counsel because of a fundamental disagreement was not improper - The court was not satisfied that, at this time, the real purpose of the repeated changes in counsel was a delaying tactic.

Civil Rights - Topic 8374

Canadian Charter of Rights and Freedoms - Denial of rights - Remedies - Stay of proceedings - [See Civil Rights - Topic 4633 ].

Criminal Law - Topic 4488

Procedure - Trial - Representation of accused - [See Civil Rights - Topic 4633 ].

Cases Noticed:

R. v. Anderson (S.F.) (2000), 184 N.S.R.(2d) 201; 573 A.P.R. 201 (Prov. Ct.), refd to. [para. 4].

R. v. Keating (K.K.) (1997), 159 N.S.R.(2d) 357; 468 A.P.R. 357 (C.A.), refd to. [para. 9].

R. v. Howell (D.M.) (1995), 146 N.S.R.(2d) 1; 422 A.P.R. 1 (C.A.), refd to. [para. 11].

R. v. Halnuck (P.J.) (1996), 151 N.S.R.(2d) 81; 440 A.P.R. 81 (C.A.), refd to. [para. 11].

Counsel:

Dennis W. Theman, for the prosecution;

Kevin Coady, for the defence.

This application was heard at Halifax, N.S., before Curran, P.C.J., of the Nova Scotia Provincial Court, who delivered the following judgment on November 1, 2001.