R. v. Tyskerud

R. v. Tyskerud

Application under s.684 dismissed because applicants failed to demonstrate lack of means with adequate affidavit evidence and, independently, the proposed grounds of appeal and sentence appeal lacked sufficient merit to be arguable; therefore not in the interests of justice to appoint counsel or to order payment for...

Source-derived case information.

Citation
2013 BCSC 2249
Parties
Crown: Regina; Accused/appellant: Graydon Tyskerud; Accused/appellant: Matthew Tyskerud
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
20 November 2013
Procedural Posture
Criminal Appeal; S.684 Criminal Code Application for Appointment of Counsel and Funding / Application in Supreme Court of British Columbia to Appoint Counsel and Order Payment of Transcripts and Disbursements; Conviction and Sentence Appeals Pending From Provincial Court
Outcome
Applications under s.684 dismissed; no counsel appointed; no transcript funding ordered
Legal Topics
Appointment of Counsel Under S.684 Criminal Code, Wilful Evasion of Income Tax (income Tax Act), Charter Rights (s.7, S.9, S.11(b)), Judicial Stay/unreasonable Delay (askov/morin), Jurisdiction of Provincial Court, Funding of Transcripts and Disbursements, Conditional Sentence Orders
Source Language
english
Criminal Law Tax Law Constitutional Law Procedural Law Appointment of Counsel Under S.684 Criminal Code Wilful Evasion of Income Tax (income Tax Act) Charter Rights (s.7, S.9, S.11(b)) Judicial Stay/unreasonable Delay (askov/morin) +3 more

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Parties

Regina

Crown

Graydon Tyskerud

Accused/appellant

Matthew Tyskerud

Accused/appellant

Procedural Posture

Criminal Appeal; S.684 Criminal Code Application for Appointment of Counsel and Funding / Application in Supreme Court of British Columbia to Appoint Counsel and Order Payment of Transcripts and Disbursements; Conviction and Sentence Appeals Pending From Provincial Court

Legal Issues

  1. 1 Whether counsel should be appointed under s.684 Criminal Code and fees/disbursements paid by Attorney General
  2. 2 Whether appellants lack sufficient means to retain counsel
  3. 3 Whether the appeals raise arguable grounds (merits)

Ratio Decidendi

Application under s.684 dismissed because applicants failed to demonstrate lack of means with adequate affidavit evidence and, independently, the proposed grounds of appeal and sentence appeal lacked sufficient merit to be arguable; therefore not in the interests of justice to appoint counsel or to order payment for transcripts.

Court Disposition

Applications under s.684 dismissed; no counsel appointed; no transcript funding ordered

Orders

  • The applications by Graydon and Matthew Tyskerud under s.684 Criminal Code are dismissed
  • No counsel is appointed to represent either appellant for conviction or sentence appeals