The applicants, convicted of defrauding investors of over $5 million in a Ponzi scheme, sought the appointment of counsel under s. 684 of the Criminal Code for their appeal.
The Court of Appeal dismissed the application, finding that the applicants failed to demonstrate that it was desirable in the interests of justice to have legal assistance, as the issues were straightforward and the applicants were capable of advancing their claims.
Furthermore, the applicants failed to provide adequate evidence of their financial need or that they had exhausted all other means of paying for counsel.