What is the test for an effectiveness complaint?

Ontario, Canada


The following excerpt is from Acton v. Cavanaugh, Graff and Durham Regional Police Service, 2013 ONCPC 8 (CanLII):

45. The onus of establishing prosecutorial misconduct or ineffectiveness rests with the Appellant and there is a strong presumption that counsel’s conduct falls within the wide range of reasonable professional assistance. It is not the role of an appellate body to grade counsel’s performance or professional conduct. Rather, effectiveness complaints should be disposed of on the ground that no prejudice has occurred: see R v. G.D.B., supra, paras. 29 to 31.

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