Canada

Legal Aid is not compelled to cover the costs of sexual assault complainants

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A sexual assault complainant has the right to an attorney if the defendant asks for a personal third party record, but the district court does not have the power to order legal aid funding, the court said. The judge handed down the verdict on Monday.

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Judge Marlene Graham expressed concern that the 10 hours of attorney fees provided by Legal Aid were insufficient to provide adequate representation, but defendant attorney Pawel Milczarek was asked to amend it. I agreed that I had no power to do so.

“I agree that, to the best of my knowledge and understanding, this court has no inherent right to direct legal aid to fund petitioner’s counsel in these circumstances. I will,” Graham said.

The judge was also concerned that the 10-hour maximum was in response to an ongoing dispute between the state’s defense team and the funding body, but was convinced otherwise.

Tribunal Prosecutor Kena Morris told Graham that he had hired Legal Co. to defend the alleged victim in Mirzarek’s petition for disclosure of third-party records relating to her, and to cover the costs of the legal team, Janis Patel. I was asking Aid to give me orders.

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Patel told the court that he was only covered by limited certificate legal aid paid for ten hours of service that did not cover him on behalf of women in court.

However, he agreed to undertake additional work on a pro bono basis because of the plaintiff’s concern for a timely resolution of the case.

Under criminal law, accused offenders are not entitled to certain records of victims, including personal information such as medical reports, counseling, and education. .

The actual hearing, in which Patel represented the woman, was conducted on camera to protect the plaintiff’s right to privacy.

Milczarek’s client trial is scheduled for December 1 and 2.

KMartin@postmedia.com

On Twitter: @KMartinCourts



Legal Aid is not compelled to cover the costs of sexual assault complainants

Source link Legal Aid is not compelled to cover the costs of sexual assault complainants

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