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Criminal law 2021 BCCA 308

R. v. Fox

Appeal-counsel applications under s. 684: CA46979 dismissed for no material change in circumstances; CA47391 received a limited counsel appointment for the conviction appeal only.

  • Court-appointed counsel
  • S.684 criminal code
  • Interests of justice
  • Breach of probation
  • Disclosure obligations
  • Self-representation
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Criminal law 2016 NSCA 50

R. v. Henneberry

Assignment of state funded counsel under s.684 is denied because, although the appellant lacks means, she failed to raise arguable or complex issues: the record including a detailed agreed statement of facts and a full s.606 colloquy shows her plea was voluntary and informed, she is able to comprehend and present the appeal, and the Crown and appellate process can safeguard fairness without assigned counsel.

  • Guilty plea
  • Voluntariness of plea
  • Agreed statement of facts
  • Appealability
  • Assignment of counsel under s.684
  • Second degree murder
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Extradition law 2016 BCSC 198

U.S.A. v. Vasquez

La Cour suprême de la Colombie-Britannique rejette une demande Rowbotham dans une affaire d’extradition, estimant que le demandeur n’a pas démontré son indigence.

  • Rowbotham application
  • Right to counsel
  • Indigency
  • Stay of proceedings
  • Financial disclosure
  • Rowbotham-application
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Criminal law 2015 BCCA 125

R. v. Sater

The court appointed counsel under s. 684 for Cory Sater’s dangerous-driving conviction appeal, but refused retroactive payment for pro bono work on the application.

  • Court-appointed counsel
  • S.684 criminal code
  • Retroactive funding
  • Dangerous driving
  • Appealability and arguable grounds
  • Court-appointed-counsel
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Criminal law 2013 BCCA 126

R. v. Bath

Application by Sikander Singh Bath for court-appointed counsel for conviction and sentence appeals was dismissed for failure to show insufficient means or arguable merit.

  • Section 684 appointment of counsel
  • Vetrovec unsavoury witness doctrine
  • Fresh evidence
  • Burden of proof
  • Sentencing principles s.718
  • Criminal-appeal
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Criminal law 2012 BCCA 298

R. v. Rose

The Court of Appeal for British Columbia dismissed an application for appointment of counsel on conviction and sentence appeals under s. 684 of the Criminal Code.

  • Appointment of counsel under s.684 criminal code
  • Bail pending appeal
  • Self-represented accused
  • New evidence on appeal
  • Sentence appeal
  • Delay/charter argument
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Criminal law 2011 BCSC 137

R. v. Kim

The court granted a conditional stay pending state-funded counsel, finding the accused needed counsel for a fair trial and lacked the means to pay.

  • Rowbotham application
  • Right to counsel
  • Fair trial
  • Indigency
  • Search and seizure
  • Duress
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Criminal law 2008 BCCA 316

R. v. Donald

The Court of Appeal appointed counsel for Michael Donald’s conviction appeal under s. 684 of the Criminal Code, but adjourned the sentence-appeal request.

  • Assignment of counsel on appeal
  • Section 684 criminal code
  • Interests of justice
  • Arguable appeal standard
  • Right to fair hearing
  • Assessment of merits for funding
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Criminal law 2006 BCSC 910

R. v. Delill

The court found the accused could not afford private counsel and that counsel was needed for a fair trial, ordering a 14-day conditional stay to allow funding review.

  • Appointment of counsel
  • Indigent defence
  • Conditional stay of proceedings
  • Ability to pay assessment
  • Complexity assessment for self-representation
  • Cross-examination of complainant
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Criminal law 2004 BCCA 1

R. v. Monk

The Court of Appeal granted counsel under s. 684 Criminal Code, finding an arguable conviction appeal on the exclusion of an exculpatory statement.

  • Party liability (s.21 criminal code)
  • Admissibility of out-of-court statements
  • Assignment of counsel under s.684
  • Merits threshold for appeal
  • Assignment-of-counsel
  • Criminal-appeals
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