Court of Appeal for Ontario

Date: 2023-04-13 Docket: M54319 (C65649)

Before: Gillese, Huscroft and George JJ.A.

Between: His Majesty the King, Respondent And: Nabil Benhsaien, Appellant

Counsel: Nabil Benhsaien, acting in person (via video conference) Erica Whitford, for the respondent

Heard and released orally: April 5, 2023

Reasons for Decision

[1] The appellant advised that he wishes to abandon his sentence appeal. The sentence appeal is therefore dismissed as abandoned.

[2] The appellant seeks to set aside the order of the motion judge which dismissed his request for the appointment of counsel pursuant to s. 684 of the Criminal Code, R.S.C., 1985, c. C-46.

[3] The motion judge found that, while the appellant lacked the financial means to privately retain counsel, he is intelligent, articulate, and had demonstrated an ability to advance his grounds of appeal. The motion judge further observed that some of the grounds of appeal appeared to be without merit. The appellant offers no basis to impugn any of those findings. The basis upon which he seeks his review – his personal circumstances relating to fatigue, and an outstanding immigration matter – are not relevant to a panel review of the motion judge’s decision. The motion is therefore dismissed.

[4] Further, the appellant seeks an extension of time which would, in effect, adjourn the hearing of his appeal, now scheduled for the May inmate appeal sittings. We decline to grant that request. This appeal will be heard during the May sittings, and is marked peremptory.

[5] The appellant also asks that his conviction appeal be heard in writing. We decline to grant that request. The appellant is permitted, if he wishes, to prepare his argument on appeal in writing. However, he must be present for the hearing of his appeal.

“E.E. Gillese J.A.”

“Grant Huscroft J.A.”

“J. George J.A.”