What factors will be considered in determining whether counsel is needed to ensure a fair trial or the appearance of the jury?
Manitoba, Canada
The following excerpt is from R. v. Dew (E.J.), 2009 MBCA 101 (CanLII):
38 The courts have specifically referred to at least three factors to be considered in determining whether counsel is needed to ensure a fair trial or the appearance of a fair trial – the seriousness of the interests at stake, the ability of the accused to participate effectively alone at trial and the length and complexity of the case. See The Attorney General of Quebec v. R.C., at para. 148.
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