The applicant, convicted of fraud, applied for the appointment of counsel under s. 684(1) of the Criminal Code for his appeal based on ineffective assistance of counsel.
A previous application was dismissed on the basis that duty counsel would assist him.
However, the Inmate Appeal Duty Counsel Program subsequently declined to assist, determining the appeal was beyond the scope of what could reasonably be expected of the program due to the voluminous record.
The Court of Appeal found this to be a significant change in circumstances and, applying the Bernardo test, concluded the applicant could not effectively present his appeal without the help of a lawyer.
The application was granted and counsel was appointed.
