Applications for a Court-Appointed Lawyer

British Columbia Court of Appeal

Practice Directive (Criminal)

Title: Applications for a Court-Appointed Lawyer

Under Section 684 of the Criminal Code

Issued: 19 September 2011

Effective: Immediately

Cite as: Applications for a Court-Appointed Lawyer Under Section 684 of the Criminal Code (Criminal Practice Directive, 19 September 2011)

Application is made by notice of motion and affidavit, according to the forms attached.

Applicants should generally be able to show that:

· They cannot afford to retain counsel for the appeal;

· They applied to the Legal Services Society for legal aid and were refused.

Fill out the Letter of Authority (Appendix A) and make three copies. Mail the original to the Legal Services Society.

Applicants must show the Court there is a reasonable possibility the appeal will succeed. To assist the Court in assessing the application, applicants must authorize the Legal Services Society to give the Court all the materials they have on the case, excluding any confidential letters of counsel assessing the merit of the appeal.

Fill out the Notice of Motion for Appointment of Counsel (Appendix B). File the original and two copies with the Registry.

Fill out the Affidavit for Appointment of Counsel (Appendix C). File the original and two copies with the Registry.

Applicants should include the following details in their affidavit:

1. Why they cannot afford a lawyer.

2. Their education level and their ability to defend themselves.

3. That they applied for legal aid and were refused.

4. Proof that they authorized Legal Services Society to send the materials on the case to the Registry (copies of the Letter of Authority).

5. The main points to be argued.

6. Why the case is complex.

7. Why the case may succeed.

8. Why they need a lawyer to organize the case and present it.

9. Whether they have already had one level of appeal.

See Re Baig and the Queen (1990), 58 C.C.C. (3d) 156 (B.C.C.A.) and R. v. Redlick (1996), 75 B.C.A.C. 241.

_________________________________________

The Honourable Chief Justice Finch

On behalf of the Court of Appeal for British Columbia

History:

Replaces the criminal Practice Directive titled Applications for a Court-Appointed Lawyer Under Section 684 of the Criminal Code dated 12 December 2005 and amended 8 November 2010.

Exhibit A

Letter of Authority

Legal Services Society

400 – 510 Burrard Street

Vancouver, B.C.

V6C 3A8

Attention: Appeals Division

I intend to apply under section 684 of the Criminal Code for assignment of counsel in my appeal [describe the conviction and/or sentence you are appealing]

Please send your letter to the Court of Appeal Registry, 400 - 800 Hornby Street, Vancouver, B.C., V6Z 2C5. Your letter should state:

Whether you have refused me legal aid for my appeal.
Whether the refusal was for financial reasons.
The grounds of appeal you considered.
The materials from the trial record that you reviewed (enclosing a copy of those materials).

_______________________________

[your signature]

_______________________________

[please print your name]

Dated at ________________ on ______________________________________.

[place] [day, month, year]

EXHIBIT B

		Court of Appeal File No. ___________ Court of Appeal Registry ___________
COURT OF APPEAL

BETWEEN:	REGINA
	Respondent
AND:
	________________________ Appellant

NOTICE OF MOTION FOR APPOINTMENT OF COUNSEL

TAKE NOTICE that an application will be made by _______________________, the Appellant, to the Presiding Judge in Chambers at the Courthouse at 800 Smithe Street, in the City of Vancouver, in the Province of British Columbia, at 9:30 in the forenoon, or soon thereafter as the Appellant may be heard, on the __________ day of ______________________, 20_______ for an Order that counsel be assigned to act on behalf of the Appellant, pursuant to Section 684 of the Criminal Code.

AND TAKE NOTICE that in support of the application will be read the affidavit of ____________________________, the Appellant, sworn the _________ day of _______________, 20_______.

DATED at the ___________________ of ____________________________ in the Province of British Columbia, this ___________ day of _________________________, 20_______.

______________________________________

APPELLANT

TO:

The Registrar, Court of Appeal

400 - 800 Hornby Street, Vancouver, B.C. V6Z 2C5

AND TO:

Criminal Appeals and Special Prosecutions

Crown Counsel

6^th floor, 865 Hornby Street, Vancouver, B.C. V6Z 2E6

OR TO:

Federal Prosecution Service

British Columbia

Department of Justice

Suite 900, 840 Howe Street, Vancouver, B.C. V6Z 2S9

This NOTICE OF MOTION is filed by ______________________________, Appellant, of ________________________________, whose address for service is ________________________

EXHIBIT C

Instructions
Use the same registry number as on your Notice of Appeal			Court No. __________ Registry ___________
	COURT OF APPEAL

	BETWEEN

	REGINA
			Respondent
	AND

You are the appellant.	_________________________________
Print your name on the line.			Appellant

	AFFIDAVIT FOR APPOINTMENT OF COUNSEL


Print your name. Give the name of the prison. Then say where it is located. First say if it is a city/town/village, then give its name.	I, ____________________________________, presently incarcerated at _____________________________, in the ____________________ of _____________________________, in the province of British Columbia, MAKE OATH AND SAY AS FOLLOWS: 1. I am the Appellant and personally know about the matters referred to in this Affidavit, except where they are based on information and belief, in which case I believe them to be true.






	2. I cannot afford a lawyer because of my financial circumstances. a) my income is $_________________ b) my expenses are $_________________ c) my debts total $_________________ d) all the things that I own have a value of $_________________

Fill in the amounts as accurately as you can.

Put down the highest grade you went to.	3. I am not able to present the appeal myself. I have no legal training and my education level is:



Give the date you were refused legal aid.	4. I have been refused legal aid. I applied for legal aid but was refused on: __________ __________________ ___________ (day, month, year).
Attach three copies of the “Letter of Authority”. Label them “Exhibit A”.	5. On ____________ ________________ __________ (day/month/year) I sent a letter to the Legal Services Society authorizing the release of the materials on my appeal to the Registry. A copy of this letter is attached. It is marked "Exhibit A”.
List the errors in the decision under appeal.	6. At the appeal I will be arguing the following points:
	7. I need a lawyer to argue my case because I do not have the necessary skills to organize the facts, research the law, and present the case myself.
Give reasons why you think your case is complex.	8. I believe my case is complex because:
Give reasons why you think your case may succeed	9. I believe my case may succeed because:
If you have appealed at a lower court, give the place and name of the court, and the date you appealed.	10. I have/have not appealed at a lower court. At: ______________________________________ On: __________ __________________ _______ (day/month/year)

	I swear this Affidavit in support of an application that the Court of Appeal or a Judge of that Court assign counsel to act on my behalf.

You sign in front of the lawyer or notary. You are the appellant.	SWORN BEFORE ME at the city of _______________________, in the Province of British Columbia , this ______ day of ________________, 20______.	___________________________ Signature of Appellant

The lawyer or notary fills out the date and place, and signs.	____________________________ A Commissioner for Taking Affidavits Within British Columbia