Miscarriage of justice did not take place

Supreme court | Appeal

Grounds

Miscarriage of justice did not take place

Accused appealed convictions as co-conspirator in extortion plot raising ineffective assistance of trial counsel. Trial counsel being subject to disciplinary proceedings but permitted by law society to continue with pending criminal trial. Accused rece­­ived independent legal advice and confirmed choice of trial counsel and trial judge dismissed Crown application to remove counsel. Accused refused to waive privilege over trial file and independent legal advice for purpose of appeal. Trial counsel had failed to object to admission of document purportedly handwritten by accused or to assert spousal privilege over evidence. Accused asserted on appeal that trial counsel had been ineffective. Appeal from convictions dismissed. Further appeal to Supreme Court of Canada dismissed. No miscarriage of justice in any form took place in this case.
R. v. Meer (Jan. 21, 2016, S.C.C., McLachlin C.J.C., Abella J., Cromwell J., Moldaver J., Karakatsanis J., Wagner J., and Gascon J., 36448) Decision at 123 W.C.B. (2d) 106 was affirmed. 129 W.C.B. (2d) 205.


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