The applicant brought a motion for an order declaring a mistrial due to ineffective assistance of counsel following her conviction on charges of impaired operation of a motor vehicle, operating a motor vehicle with blood alcohol concentration exceeding 80 milligrams per 100 millilitres of blood, dangerous operation of a motor vehicle, and failing to remain at the scene of an accident.
The court examined whether counsel's conduct fell below the standard of reasonable professional assistance and whether such conduct resulted in a miscarriage of justice.
The court found that while certain trial strategy decisions were reasonable, critical failures in file preparation and transfer, inadequate disclosure of key evidence to trial counsel, and insufficient preparation for cross-examination of expert witnesses fell below the standard of care.
The court determined that the reliability of the verdict was called into question and declared a mistrial.
