The father brought a motion seeking an order compelling the Attorney General to provide state-funded counsel for a child custody trial arising in the context of child protection proceedings.
Applying the test from New Brunswick (Minister of Health and Community Services) v. G. (J.), the court considered whether a refusal of counsel would infringe the applicant’s section 7 Charter rights, whether counsel was necessary for a fair hearing, whether legal aid had been refused after exhaustion of appeals, and whether the applicant lacked the financial means to retain counsel.
The court found the applicant failed to demonstrate complexity requiring counsel, had previously lost his legal aid certificate due to nondisclosure of assets, and had not provided credible evidence of financial hardship.
The court further found the applicant capable of representing himself and not an indigent litigant.
The request for state-funded counsel was dismissed.
