What is the test for funding legal counsel in a Charter case?
British Columbia, Canada
The following excerpt is from R. v. Bacon, 2011 BCSC 135 (CanLII):
This assessment of the court requires a determination as to whether the applicant can fund legal counsel. The applicant is required to satisfy an evidentiary burden on a balance of probabilities. The applicant must satisfy rigorous criteria because, where a remedy is sought to prevent an anticipated breach of a Charter right, the applicant must demonstrate a ‘high degree of probability’ that the Charter infringement will occur: Phillips v. Nova Scotia (Commission of Inquiry into the Westray Mine Tragedy), 1995 CanLII 86 (SCC), [1995] 2 S.C.R. 97, 98 C.C.C. (3d) 20[Westray] at para. 108.
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