Court File and Parties
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: R. v. Allan Seltzer
BEFORE: The Honourable Mr. Justice J.S. Poupore
COUNSEL: Jeffrey Costain, Counsel for the Crown Danielle J. Vincent, Counsel for the Applicant/Accused
HEARD: June 19, 2018
Decision on Motion
[1]
Introduction
The accused, Allan Seltzer, brings a Rowbotham application to obtain funding for his defence on a sexual assault charge.
[2]
The Test
In order to succeed, the applicant must establish the following, on a balance of probabilities:
a) That he is ineligible for, or has been refused, Legal Aid and has exhausted all available appeals;
b) That he is indigent and has no other means to retain counsel; and
c) That counsel is essential to his right to a fair trial.
[3]
Analysis
After hearing counsel and reviewing the written materials, I am satisfied that the applicant has met the criteria in a) and c) above. With respect to c), it is clear to me that the two pre-trial motions contemplated, namely under ss. 276 and 278 of the Criminal Code, would require the assistance of a lawyer to be properly brought and argued. As for the trial itself, given that counsel will be appointed to cross-examine the complainant, I have no doubt that the accused could manage the rest of the trial.
4That being said, I do have major concerns about b) above. The applicant is highly educated, albeit he is not eligible to practice in the fields for which he was educated. However, I am confident that his education would permit him to do other remunerative things such that he would be able to afford the estimated $3,000 fee to bring the two pre-trial motions. There is also his combined income with his common-law partner which disentitled him from qualifying for Legal Aid.
[5]
Conclusion
For these reasons, the application is denied.
The Hon. Mr. Justice J.S. Poupore
Date: June 21, 2018