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LAWS 3307
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CASESR v S L 2006 Ont CABackground charged with Utter Threat to Cause Bodily Harm trial judge refused to order appointment of counsel SCJ overturned and ordered counsel be appointed Crown appeals to OCAFacts13 yrs old Legal Aid refused certificate because liberty was not likely at stake brought s 254 application at first appearance had no income of his owns parents did not own property were unemployed and had 808 in the bank said he needed a lawyer to help him prepare his defenceCrowns position EJS and peace bondYouth Court Judge refused to appoint publicly funded counsel and asked Duty Counsel to help Issue At what stage of proceedings is a young person entitled to publicly funded legal aidDecision 9 It is my view that it is clear from a plain reading of sections 253 and 254 that it is only when the youth is at a certain stage of proceedings and unable to obtain legal counsel through legal aid that the young person may apply for publicly funded counsel Parliament has specifically provided that it is only when there is a hearing related to the custody of the young person including sentencing or when the young person is engaged in a trial that the youth may apply for publicly funded counsel While a young person may require legal advice at the stage when he or she is considering whether to partake in EJS that advice would be available through duty counselTherefore entitled to have counsel appointedHearing related to the custody of the young personpresumably bailsentencingtrial was not at this stage therefore did not qualify for publicly funded counsel yetR v Cooper 1979 SCCAppreciate refers to perception as opposed to just knowledge an ability to perceive the consequences impact and results of a criminal act ie mens rea as to the consequences of an act is a requisite element in the commission of a crimeDisease of the mind is a legal concept not a medical concept
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