R. v. Brown

R. v. Brown

The application is dismissed because there is no statutory authority to order the Attorney General to pay for the transcript, the applicant produced no evidence establishing a Charter or s.96 violation that would justify extraordinary public expenditure, and the record (including Legal Aid's refusal and credibility findings) does not show the transcript is the only practical means to avoid a rights violation.

Citation
2023 BCSC 610
Parties
Crown: Rex; Applicant/accused: Robin Andrew Brown
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
24 February 2023
Procedural Posture
Criminal Application for Attorney General to Fund Transcript for Summary Conviction Appeal / Application Heard in Chambers; Oral Reasons for Judgment (application Dismissed)
Outcome
Application dismissed
Legal Topics
Transcript Funding, Right to Appeal, Charter Ss.7 and 15, S.96 Constitution Act, 1867, Legal Aid Review, Appointment of Counsel S.684 Criminal Code
Source Language
English
Criminal Law Constitutional Law Administrative Law Human Rights Law Transcript Funding Right to Appeal Charter Ss.7 and 15 S.96 Constitution Act, 1867 +2 more

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Parties

Rex

Crown

Robin Andrew Brown

Applicant/accused

Procedural Posture

Criminal Application for Attorney General to Fund Transcript for Summary Conviction Appeal / Application Heard in Chambers; Oral Reasons for Judgment (application Dismissed)

Legal Issues

  1. 1 Whether the Attorney General must expend public funds to provide a transcript to enable a summary conviction appeal
  2. 2 Whether denial of transcript funding violates s.7 or s.15 of the Charter or s.96 of the Constitution Act, 1867
  3. 3 Whether the Human Rights Code supplies a basis for ordering public funding

Ratio Decidendi

The application is dismissed because there is no statutory authority to order the Attorney General to pay for the transcript, the applicant produced no evidence establishing a Charter or s.96 violation that would justify extraordinary public expenditure, and the record (including Legal Aid's refusal and credibility findings) does not show the transcript is the only practical means to avoid a rights violation.

Court Disposition

Application dismissed

Orders

  • Application dismissed