The applicant sought state funding under s. 684 of the Criminal Code for counsel on his appeal.
The appeal concerned the trial judge's decision to admit evidence despite finding Charter breaches (arbitrary detention and unreasonable search), based on a finding that police acted in good faith.
The applicant argued the trial judge erred in assessing the seriousness of the state conduct under the R. v. Grant test.
The court granted the application for state-funded counsel, finding that the applicant lacked means, had arguable grounds, and could not effectively advance his appeal without counsel due to the legal complexities, particularly in light of recent Supreme Court jurisprudence.
