R. v. T.P.S.

R. v. T.P.S.

The court exercised its inherent jurisdiction to order state-funded counsel for the complainant for the s.276 admissibility hearing because the complainant has a statutory right to counsel at stage two, no statutory provision prohibits such funding, meaningful exercise of that right requires counsel prior to stage one to protect privacy and dignity and to avoid undue delay, and the complainant lacks means to retain counsel; if Legal Aid cannot provide counsel the Attorney General must pay fees and disbursements.

Citation
2019 NSSC 48
Parties
Prosecution: Her Majesty the Queen; Accused: T.P.S.
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
8 February 2019
Procedural Posture
Criminal Sexual Offences (s.276 Application) / Pre Trial Admissibility Hearing (s.276)
Outcome
State-funded counsel shall be provided to represent the complainant for the s.276 admissibility hearing; if Legal Aid cannot provide counsel the Attorney General of Nova Scotia will pay counsel's fees and disbursements; the complainant must be served with the s.276 application 60 days prior to the hearing.
Legal Topics
Section 276 Criminal Code, State Funded Counsel, Victim Rights, Inherent Jurisdiction, Privacy
Source Language
English
Criminal Law Constitutional Law Procedural Law Section 276 Criminal Code State Funded Counsel Victim Rights Inherent Jurisdiction Privacy

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Parties

Her Majesty the Queen

Prosecution

T.P.S.

Accused

Procedural Posture

Criminal Sexual Offences (s.276 Application) / Pre Trial Admissibility Hearing (s.276)

Legal Issues

  1. 1 Whether the court can order state-funded counsel for the complainant in a s.276 application
  2. 2 Whether the superior court's inherent jurisdiction permits appointment and payment of counsel in these circumstances
  3. 3 Whether the complainant must receive the s.276 application and have counsel before stage one to make the right to counsel meaningful

Ratio Decidendi

The court exercised its inherent jurisdiction to order state-funded counsel for the complainant for the s.276 admissibility hearing because the complainant has a statutory right to counsel at stage two, no statutory provision prohibits such funding, meaningful exercise of that right requires counsel prior to stage one to protect privacy and dignity and to avoid undue delay, and the complainant lacks means to retain counsel; if Legal Aid cannot provide counsel the Attorney General must pay fees and disbursements.

Court Disposition

State-funded counsel shall be provided to represent the complainant for the s.276 admissibility hearing; if Legal Aid cannot provide counsel the Attorney General of Nova Scotia will pay counsel's fees and disbursements; the complainant must be served with the s.276 application 60 days prior to the hearing.

Orders

  • Appoint state-funded counsel to represent the complainant for the s.276 admissibility hearing.
  • If provincial legal aid cannot provide counsel, the Attorney General of Nova Scotia shall pay counsel's fees and disbursements for the complainant.