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 Case Law

There are a number of cases that consider when a judge can order that the government pay for a lawyer. As a general rule, there is no right to state funded counsel, but in particular circumstances, supported by evidence, orders for state funded counsel can be made. A few of the cases that consider these circumstances are described in this page.

Criminal Law
HMTQ v. Malik, 2003 BCSC 1439 - Summary
R. v. Bacon, 2011 BCSC 135
R. v. Rowbotham, 1988 CanLII 147 (ON C.A.) - Summary

Family Law
De Kova v De Kova, 2011 BCSC 1271
British Columbia (Attorney General) v. T.L.
, 2010 BCSC 105 - Summary

Right to Access to Justice
British Columbia (Attorney General) v. Christie, 2007 SCC 21 - Summary

Right to State Funded Counsel
Canadian Bar Association v. British Columbia, 2008 BCCA 92 - Summary


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