Martin Kerbel Q.C.

The accused, Jarnail Singh, faced six criminal charges including obstruction of a peace officer, dangerous driving, assault with a weapon, assault to resist arrest, and two counts of possession of controlled substances.

The accused conceded guilt on the drug possession charges.

The court also heard a Charter application alleging arrest without reasonable grounds and excessive force.

The court found that while initial grounds for arrest were lacking, reasonable grounds existed at the time of actual arrest, thus no Charter breach regarding the arrest itself.

However, the court found excessive force was used post-shooting, but not the shooting itself.

The application for a stay of proceedings was denied, with the court noting that police conduct would be considered at sentencing.

The accused was acquitted on the charges of obstruction, assault with a weapon, assault to resist arrest, and dangerous driving, primarily due to a reasonable doubt as to whether he knew the plainclothes officers were police and a mistake of fact negating the mens rea for dangerous driving.

The accused brought a Rowbotham application seeking state-funded counsel after Legal Aid Ontario denied coverage.

The court considered whether the accused had been denied Legal Aid, lacked the financial means to retain counsel, and whether counsel was necessary to ensure a fair trial given the seriousness and complexity of the case.

The charges involved significant financial transactions, alleged fraud and bankruptcy-related offences, and potentially complex evidentiary and procedural issues including third-party records applications.

The court found the accused was indigent, unable to retain private counsel, and that the legal complexity and seriousness of the charges created a real risk of an unfair trial if he proceeded self-represented.

A temporary stay was granted to permit the Crown to arrange funding for defence counsel.