The applicant, facing serious drug trafficking charges, brought a Rowbotham application for state-funded counsel after being denied legal aid.
The Crown conceded the charges were serious and the case complex, but disputed the applicant's inability to privately fund his defence.
The court found that Legal Aid Ontario's income thresholds were unrealistic and that the applicant, who earned approximately $16,000 annually, had no realistic prospect of funding the estimated $11,000 trial costs.
The application was granted and the charges were stayed pending the provision of state-funded counsel.
