The accused applied for a Rowbotham order seeking a conditional stay of proceedings until the state funded defence counsel after Legal Aid Ontario refused coverage.
The court reviewed the governing principles requiring proof that legal aid was denied, that the accused was indigent, and that proceeding without counsel would materially compromise trial fairness.
The court found the accused had exhausted all legal aid appeals, lacked financial means while attending school full‑time under bail conditions, and faced serious trafficking charges likely involving complex issues including search warrant challenges and voluntariness of a statement.
The court also observed significant limitations in the accused’s literacy and ability to navigate court proceedings.
Concluding that the accused’s fair trial rights would be jeopardized without representation, the court granted a conditional stay pending state-funded counsel.
