Court of Appeal for Ontario

CITATION: R. v. Walkiewicz, 2009 ONCA 744

DATE: 20091027

DOCKET: M37865 (C49514)

Before: Weiler J.A. (In Chambers)

BETWEEN

Her Majesty the Queen

Respondent (Applicant on motion)

and

John Walkiewicz

Appellant (Respondent on motion)

Counsel:

James K. Stewart, for the respondent/applicant on motion

John Walkiewiz, acting in person

Heard: October 20, 2009

On appeal from the conviction entered on July 2, 2008 and the sentence imposed on October 8, 2008 by Justice S.S. Seppi of the Superior Court of Justice, sitting with a jury and on a motion for direction.

ENDORSEMENT

[1] The appellant has been twice denied legal aid. The appellant wishes to allege ineffective assistance of counsel. The appellant indicates that he has been advised by Mr. Frost (the lawyer he wishes to retain when he is released in December and has had time to earn some money) not to sign a waiver of solicitor-client privilege in accordance with the protocol at this time. When the appellant is released he is to provide the Crown and the Court with his address so that material below can be sent to him.

[2] In the meantime, the Crown is directed to obtain all transcripts with regard to occasions when Mr. Kapoor sought to remove himself from the record. In addition, the Crown is to obtain the transcript of the evidence of the expert Mr. Frank Bailey, Supervisor of Technical Standard and Safety Authority, at the preliminary hearing and at trial.

[3] In addition, the Crown is to obtain the transcript of the sentencing hearing. The Crown is to produce the appeal book.

[4] This appeal is adjourned to April 19, 2010. In that date, the appellant will either have retained counsel or not. Wither way the matter should then be listed to be argued with or without counsel. Also, a determination made as to whether the appellant has complied with protocol and will be permitted to advance the ineffective assistance of counsel argument.

“K.M. Weiler J.A.”