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In this session we will focus on the right to be represented, notably at trial. Being well defended is key to having one's rights respected, yet representation raises a host of procedural, professional and financial issues. A first question is the moment from which one is entitled to a lawyer. Different countries deal with this differently. Beyond the cost of representation, it remains possible although generally ill-advised for defendants to represent oneself.
Right to counsel upon arrest:
Slobogin, Christopher. “An Empirically Based Comparison of American and European Regulatory Approaches to Police Investigation” (2001) 22:3 Michigan J Intl L. (read pages 439 to 442)
Stephen C Thaman, “Miranda in Comparative Law” (2001) 45 St Louis LJ 581. (conclusion only!)
R v Sinclair [2010] 2 SCR 310 (headnote only)
R. v. Campbell, 2017 ONCJ 570 (CanLII)
The cost of defense and the question of legal aid:
R. v. Rowbotham, 1988 CanLII 147 (ON CA) (paras 146-170 only)
Sussex, Paul Taylor. “Legal Aid: The Silent Crisis.” Accessed January 6, 2017.
SHG. “It Costs More To Win.” Simple Justice, September 28, 2011.
Robichaud. “The Cost of Liberty: What It Costs to Hire a Lawyer.”Robichaud’s Criminal Lawyers, November 29, 2013. https://robichaudlaw.ca/the-cost-of-liberty-lawyers-fees-in-criminal-law/.
Competent representation:
R. v. G.D.B., [2000] 1 S.C.R. 520
Pailliez, Caroline, and Q. M. I. Agency. “Jail Guard Gets New Trial because of Incompetent Lawyer.” Calgary Sun. Accessed August 30, 2016.:
Self-representation:
Robichaud, Sean. “Think You Can Represent Yourself on Criminal Charges? Think Again. 13 Reasons That’s a Terrible Idea. |.” Robichaud’s Criminal Lawyers, January 30, 2014.
Scharf, Michael. “ICTY Appeals Chamber Decision on Slobodan Milosevic’s Right of Self-Representation.” American Society of International Law, November 11, 2004.
Bibliography:
United Nations Office on Drugs and Crimes, Vienna, United Nations Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems, 2013
“Canadian Jurisprudence Regarding the Right to Legal Aid | Report.” Lawyers’ Rights Watch Canada, September 2, 2013 (focus on criminal charges)
Law Reform Commission, Criminal Procedure: A Proposal for Costs in Criminal Cases, 1973
The Canadian Bar Association, Moving Forward on Legal Aid Research on Needs and Innovative Approaches, 2010.
Robbins, Ira P. “The Price Is Wrong: Reimbursement of Expenses for Acquitted Criminal Defendants.” Michigan State Law Review 2014, no. 5 (2015).
Schwarzer, William W. “Dealing with Incompetent Counsel: The Trial Judge’s Role.” Harvard Law Review 93, no. 4 (1980): 633–69.
Creel, Barbara. “The Right to Counsel for Indians Accused of Crime: A Tribal and Congressional Imperative.” Michigan Journal of Race & Law 18 (2013): 317.
Myers, Rupert. “Don’t Try to Defend Yourself in Court. But If You Have To, Here Are Some Crucial Tips.” The Guardian, April 26, 2016, sec. Opinion.
UNODC/UNDP, Early access to legal aid in criminal justice processes: a handbook for policymakers and practitioners 2014, chapter 1.
Cameron, Sue. “Why Should the Innocent Pay for Justice?,” April 17, 2014. http://www.telegraph.co.uk/news/uknews/law-and-order/10770324/Why-should-the-innocent-pay-for-justice.html.
“As Court Fees Rise, The Poor Are Paying The Price.” NPR.org. Accessed January 11, 2017. http://www.npr.org/2014/05/19/312158516/increasing-court-fees-punish-the-poor.
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