The appellant, convicted of two counts of first-degree murder, brought a motion under s. 684(1) of the Criminal Code for the appointment of state-funded counsel for his appeal.
The Court of Appeal found that the appeal raised arguable grounds, including the admissibility of expert evidence on 'honour killings' and the trial judge's refusal to give a modified W.D. instruction.
Given the complexity of the legal issues, the substantial record, and the appellant's limited English language skills, the Court concluded he could not effectively present the appeal without legal assistance.
The motion was granted and counsel was appointed.