Access to justice, Canadian Charter, Quebec Court of Appeal, Supreme Court of Canada
Leave a comment

Quebec Court of Appeal provides Rowbotham guidance

Criminal lawyers in Quebec can now breathe a little easier after a Quebec Court of Appeal ruling that held that a certificate of eligibility from legal aid constitutes a presumption of fact when tackling the issue of financial means in cases dealing with a Rowbotham motion.

However in a ruling that adds nuances to findings from a widely-cited judgment rendered by the appeal court five years ago in Québec (Attorney-General) v. R.C. (2003), 13 C.R. (6th) the Court also held that a certificate of eligibility from legal aid is not conclusive evidence, thereby leaving the door open in cases dealing with a Rowbotham application for the courts to examine evidence on whether the applicant lacks sufficient means to obtain legal assistance.

Read More

This story was originally published in The Lawyers Weekly.

Leave a Reply

Your email address will not be published. Required fields are marked *