In a pending conviction appeal involving child pornography offences, the Crown sought directions limiting full compliance with the Court of Appeal’s ineffective assistance protocol, and the self-represented appellant sought an order under s. 683(3) to examine or cross-examine former trial counsel.
The court held that the protocol is flexible and may be varied on a case-by-case basis, and it was unnecessary and inappropriate to make a preliminary merits determination of the ineffective assistance ground.
Given the existing record, the court permitted the Crown to decline the full fresh evidence process contemplated by the protocol, subject to any further order of the panel hearing the appeal.
The appellant’s request to examine or cross-examine former trial counsel was dismissed because the proposed questioning would not materially advance the claim.
