Court of Appeal for Ontario
Date: 2017-06-12
Docket: M47572 (C63403)
Juriansz J.A. (In Chambers)
Between
Her Majesty the Queen Respondent
and
Mandeep Punia Applicant
Counsel
Russell Silverstein, for the applicant
Joan Barrett, for the respondent
Heard and released orally: March 13, 2017
Reasons for Decision
[1] This is an application under s. 684 of the Criminal Code for an order appointing counsel.
[2] The Crown consents to the extension of time for the late filing of the Notice of Appeal but opposes the s. 684 application. The Crown accepts the applicant does not have sufficient financial means, but takes the position the appeal is not arguable.
[3] The principal attack – and the only attack – of the applicant is on the trial judge's ruling on the KGB application. At that stage, the trial judge was concerned only with threshold reliability. I am not persuaded that the arguments that he erred in deciding that the statements were admissible as substantive evidence have any merit. In particular, I do not accept that counsel was denied the opportunity to effectively cross-examine the recanting witness.
[4] I see no merit in the other grounds advanced, as well. The trial judge's reasons for imposing sentence are careful and well explained and the sentence imposed is entitled to deference.
[5] I have not been persuaded it is in the interests of justice that counsel be appointed.
"R.G. Juriansz J.A."