The applicant sought a stay of proceedings unless the Attorney General funded his defence at Legal Aid Ontario rates pursuant to a Rowbotham application.
Legal Aid had refused continued funding after the accused sought to change counsel.
The court accepted that counsel was essential to ensure a fair trial given the seriousness of the drug trafficking charge, the complexity of the proceedings, and the accused’s ability to participate.
After reviewing the applicant’s financial circumstances, including assistance from family members and equity in his spouse’s home, the court concluded that he lacked the means to retain counsel.
A conditional stay of proceedings was granted unless state-funded counsel was provided.
