The accused, charged with arson, retained out-of-town counsel under a legal aid certificate.
Legal Aid Ontario refused to authorize travel expenses or junior counsel.
Shortly before trial, the accused successfully applied for a 'Fisher' order requiring Legal Aid or the Crown to pay these expenses to ensure a fair trial.
The Crown and Legal Aid appealed.
The Court of Appeal allowed the appeal and quashed the order, holding that the state has no positive obligation to fund counsel of choice except in rare circumstances where a fair trial is otherwise impossible.
The court found no evidence that local competent counsel were unavailable or that the accused's right to a fair trial was imperilled.
