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.