A U.S. inn owner facing charges in Canada relating to human smuggling has had an application to have his defence funded by the Canadian government granted.
According to court records, the decision regarding Smuggler91裸聊视频檚 Inn owner Robert Boule91裸聊视频檚 request was made Friday following a hearing in B.C. Supreme Court.
Boule made the 91裸聊视频淩owbotham application91裸聊视频� before Justice Frits Verhoeven at the New Westminster courthouse.
The application 91裸聊视频� named after a 1988 case in Ontario 91裸聊视频� is an option for people 91裸聊视频渇acing serious and complex criminal charges,91裸聊视频� who have been denied legal aid and can91裸聊视频檛 afford a lawyer.
Boule is facing charges related to knowingly inducing, aiding or abetting people in illegally attempting to enter Canada, as well as charges of breaching recognizance relating to a prior indictment.
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Arrested in April, the senior was released on $15,000 bail last month, with more than a dozen conditions, including that he must deny potential customers if they give any indication of a plan to enter Canada illegally.
Friday, prosecutor Daniel Meneley, counsel for the Public Prosecution Service of Canada, told the court that a key to successful Rowbotham applications is that counsel representation be deemed essential to conduct a fair trial.
He noted 91裸聊视频渢he complexity (of the case) is acknowledged and conceded91裸聊视频� by the Crown.
Boule has been self-represented since January, the court heard.
He told PAN he can91裸聊视频檛 afford a lawyer.
91裸聊视频淭here91裸聊视频檚 no funds,91裸聊视频� Boule said.
His former lawyer, Peter Edelmann, told Peace Arch News outside court 91裸聊视频� before the decision 91裸聊视频� that he couldn91裸聊视频檛 speak to Boule91裸聊视频檚 case specifically, but that ultimately, the matter was about an accused91裸聊视频檚 right to counsel. Edelmann was not available to comment further Monday, prior to PAN91裸聊视频檚 afternoon press deadline.
David MacAlister, director of Simon Fraser University91裸聊视频檚 school of criminology, said the step is not a common one.
91裸聊视频淚t91裸聊视频檚 something that you don91裸聊视频檛 hear very much about,91裸聊视频� said MacAlister, who noted he was in law school when the Rowbotham case came up. 91裸聊视频淚91裸聊视频檝e encountered a few91裸聊视频� six or seven.91裸聊视频�
MacAlister said while it is even less common to see applications involving non-Canadians, if the case is sufficiently complex, it doesn91裸聊视频檛 matter where the applicant resides.
91裸聊视频淭he rights that we have in the charter are applicable to all people,91裸聊视频� he said.
Boule91裸聊视频檚 case is set for trial early next year, from Jan. 13 to Feb. 5.
tholmes@peacearchnews.com
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