Provincial Court

Decision Information

Decision Content

                          IN THE PROVINCIAL COURT OF NOVA SCOTIA

 

                                 Citation: R. v. Canning, 2010 NSPC 59

 

                                                                                       Date: 24 September 2010

                                                     Docket #: 2052215-17/2061807-812/2142245-47

                                                                                                  Registry: Sydney

 

 

 

Between:                       

 

 

                                                      The Queen

 

                                                             v.

 

                                              Kenneth Paul Canning

 

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                                               LIBRARY HEADING

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Judge:        A.P. Ross

 

Heard:         31 August 2010

 

Summary

 

The applicant, charged with various sexual offences against four complainants, having been refused legal assistance by Nova Scotia Legal Aid, makes application to the court for a stay of proceedings until state-funded counsel is provided to him by the province (a Rowbotham application).

 

The application was denied.

 

The applicant transferred assets to his wife shortly after the charges were laid.  Despite various stresses he was experiencing at the time, he failed to demonstrate the diligence and responsibility expected of a person who is seeking this form of Charter  relief.  In addition to depriving himself of the means to retain private counsel, the evidence concerning his present financial situation was unclear and incomplete.  Neither did the evidence show clearly that he would not receive a fair trial should he be self-represented.


In a separate but related application under s. 486.3 of the Criminal Code, an order was granted appointing legal counsel to cross-examine two of the complainants. 

 

 

 

 

 

 

 

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