Court of Appeal for Ontario
Date: 20210409 Docket: M52357 (C65736)
Pardu, Brown and Paciocco JJ.A.
Between
Her Majesty the Queen Respondent
and
Jefferey Jay Mitchell Applicant/Appellant
Jeffrey Jay Mitchell, acting in person Hannah Freeman, for the respondent
Heard: April 8, 2021 by video conference
Reasons for Decision
[1] Mr. Mitchell brings this motion for a review of the decision of a single judge of this court dismissing his application for an order for appointment of counsel pursuant to s. 684 of the Criminal Code. The appellant appeals from conviction and sentence on a charge of robbery and related offences. The issue at trial was the identity of the robber. The Crown brought a dangerous offender application and the trial judge accepted a joint submission on sentence, declaring the appellant a dangerous offender and imposed a global term of imprisonment of 13 years, followed by a 10-year long term supervision order.
[2] The appellant now alleges ineffective assistance of trial counsel, and bias on the part of the trial judge. Legal Aid was refused on the ground that there was no merit to the appeal.
[3] Gillese J.A. dismissed the application on the ground that there was little merit to the conviction appeal. She observed that the grounds of appeal were straightforward and largely factual in nature, and that the appellant was articulate and able to present his arguments. She concluded that it was not necessary that counsel be appointed to properly hear and decide it.
[4] As to the sentence appeal, Gillese J.A. similarly observed that the sentence was a product of a joint submission by experienced counsel. The sentencing judge expressly adverted to Gladue principles and noted that the issues on the sentence appeal were also straightforward.
[5] The applicant not having met his burden to show that he required the assistance of court-appointed counsel, Gillese J.A. dismissed the motion.
[6] We see no reason to differ from the conclusions reached by Gillese J.A. and agree with them. The motion is dismissed.
"G. Pardu J.A."
"David Brown J.A."
"David M. Paciocco J.A."