Can a person charged with a serious criminal offence that is serious and complex be granted legal aid at the expense of the state?

Alberta, Canada


The following excerpt is from R. v. Rain, 1998 ABCA 315 (CanLII):

The Ontario Court of Appeal also considered Panacui v. Legal Aid Society of Alberta, supra in which the accused faced charges of kidnapping, three counts of attempted murder, a number of robbery counts, escaping lawful custody and firearms offences. He was granted legal aid but he wanted the counsel to be one of his choice and not the counsel appointed to represent him. McDonald J., after reviewing sections 7, 10(b) and 11(d) of the Charter and the role of counsel in protecting a person’s liberty, concluded at p. 67: “In my view, the foregoing statement of the purposes and interests which ss. 7, 10(b) and 11(d) are meant to protect when the issue is the scope and extent of the right to counsel, lead me irresistibly to the conclusion that a person charged with an offence that is serious and complex, when he cannot afford to retain counsel, is constitutionally entitled to have counsel provided to assist him at the expense of the state.”

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