What is the state of the record regarding the availability of legal aid?
New Brunswick, Canada
The following excerpt is from R v Branch, 2012 NBQB 175 (CanLII):
I mention the state of the record regarding the availability of legal aid, particularly in these circumstances, because of the direction given in R v. Hayes, supra, that: Despite the deference owed to Legal Aid on the decision to refuse a legal aid certificate, the trial judge was not bound by Legal Aid’s determination of the appellant’s financial means and it could have proceeded to determine whether Legal Aid’s screening procedures were exhaustive and fair. (at para. 11)
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