R. v. Finck
The court exercised its discretion and concluded it was not in the interests of justice to appoint counsel or to order further production of documents, and therefore dismissed the applications and scheduled the appeal to proceed on the merits.
Source-derived case information.
- Citation
- 2007 NSCA 13
- Parties
- Appellant: Lawrence Ross Finck; Appellant: Carline VandenElsen; Respondent: Her Majesty the Queen
- Court
- Nova Scotia Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 29 January 2007
- Procedural Posture
- Criminal Appeal / Application to Appoint Counsel and for Production of Documents Dismissed; Appeal Scheduled for Hearing
- Outcome
- Application dismissed; no appointment of counsel; no further production orders; appeal scheduled to proceed on merits.
- Legal Topics
- Appointment of Counsel, Production of Documents, Interests of Justice, Preliminary Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lawrence Ross Finck
Appellant
Carline VandenElsen
Appellant
Her Majesty the Queen
Respondent
Procedural Posture
Criminal Appeal / Application to Appoint Counsel and for Production of Documents Dismissed; Appeal Scheduled for Hearing
Legal Issues
- 1 Whether counsel should be appointed in the interests of justice
- 2 Whether additional production orders should be made
- 3 What issues may be argued at the scheduled appeal hearing
Ratio Decidendi
The court exercised its discretion and concluded it was not in the interests of justice to appoint counsel or to order further production of documents, and therefore dismissed the applications and scheduled the appeal to proceed on the merits.
Court Disposition
Application dismissed; no appointment of counsel; no further production orders; appeal scheduled to proceed on merits.
Orders
- Application to appoint counsel dismissed
- Application for production of documents dismissed
Full Case Text
Judgment text and source record
1 paragraphs
R. v. Finck Court Court of Appeal Date 2007-01-29 Citation 2007 NSCA 13 Docket CA 246654 Judge/Registrar/Adjudicator Cromwell, Thomas A. (Honourable Justice); MacDonald, J. Michael (Honourable Chief Justice) (CA); Bateman, Nancy J. (Honourable Justice) (CA) Document Type Decision Decision Content NOVA SCOTIA COURT OF APPEAL Citation: R. v. Finck, 2007 NSCA 13 Date: 20070129 Docket: CA 246654 Registry: Halifax Between: Lawrence Ross Finck and Carline VandenElsen Appellants v. Her Majesty the Queen Respondent Judges: MacDonald, C.J.N.S.; Bateman and Cromwell, J.J.A. Application Heard: January 29, 2007, in Halifax, Nova Scotia Held: Application dismissed per oral reasons of MacDonald, C.J.N.S.; Bateman and Cromwell, J.A. concurring. Counsel: Lawrence Finck, for both appellants Peter Rosinski, for the respondent Decision: [1] Having heard the parties’ submissions, we are of the unanimous view that it is not in the interests of justice to appoint counsel for the appellants in this matter. Nor is it in the interests of justice to make any further orders regarding the production of documents. [2] As such, this appeal will be heard on February 15, 2007 at 10:00 a.m. The appellants should at that time come prepared to make submissions only on the appeal proper. MacDonald, C.J.N.S. Concurred in: Bateman, J.A. Cromwell, J.A.