What is the legal test for ineffectiveness?

Nova Scotia, Canada


The following excerpt is from C.H.D v. C.R.H., 2007 NSCA 1 (CanLII):

The approach to an ineffectiveness claim is explained in Strickland v. Washington, 466 U.S. 668 (1984), per O'Connor J. The reasons contain a performance component and a prejudice component. For an appeal to succeed, it must be established, first, that counsel's acts or omissions constituted incompetence and second, that a miscarriage of justice resulted.

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