The applicant, facing historical sexual assault charges, brought a Rowbotham application for a stay of proceedings pending the provision of government-funded counsel.
Legal aid had been denied due to financial ineligibility.
The Crown conceded the applicant's right to a fair trial would be compromised without counsel but argued he had failed to prioritize saving funds for his defence.
The court reviewed the applicant's financial history, including the sale of his home and repayment of a significant loan to his son, and found his expenditures were not extravagant or a deliberate attempt to divest assets.
The court concluded the applicant established indigence and granted the stay.
