The applicant sought a stay of criminal proceedings unless the state funded her legal representation through a Rowbotham order under ss. 7 and 11(d) of the Canadian Charter of Rights and Freedoms.
She faced multiple drug trafficking and possession charges and alleged she lacked the financial means to retain counsel after her Legal Aid certificate was cancelled.
The court held that the applicant failed to demonstrate that she exhausted all Legal Aid appeal avenues, that she was indigent, or that her right to a fair trial would be materially compromised without state-funded counsel.
Evidence showed the applicant had employment income and discretionary expenses and could potentially benefit from legal arguments advanced by a co‑accused’s counsel challenging the search warrant.
The application for state-funded counsel and a stay of proceedings was dismissed.
