The accused, charged with drug trafficking and possession of proceeds of crime, applied under s. 462.34 of the Criminal Code for the release of seized funds to pay for his reasonable legal expenses.
The Crown opposed, arguing the accused failed to prove he had no other assets or means, including Legal Aid.
The court found the accused met his onus, noting his lengthy incarceration, lack of employment, and reliable hearsay evidence that he did not qualify for Legal Aid.
The court approved the release of $44,055.88 to cover the reasonable legal fees of his current counsel at a rate of $325 per hour.