The applicant, charged with first-degree murder and facing a joint judge-and-jury trial with a co-accused, sought a Rowbotham order after legal aid funding had been denied.
The court held that the applicant failed to establish the second precondition because proceeds from the sale of her home had not been pursued to fund the defence.
The application for state-funded counsel was therefore denied.
However, given the complexity of the anticipated trial, the accused's language and mobility limitations, the presence of a co-accused, and expected voluntariness and Charter motions, the court appointed amicus with an expanded adversarial mandate in the interests of justice.
