CRIMINAL PROCEDURE — application to vacate a criminal trial — right to a fair trial — Defendant seeking legal representation — previous pro bono assistance terminated by Defendant
Quick Take
1Where a self-represented defendant facing serious environmental charges raises arguable defences with technical aspects, the overriding requirement of a fair trial may justify vacating a hearing to allow the defendant a final opportunity to obtain legal representation, even where the application is made very late and the defendant previously terminated pro bono assistance.
2The right to a fair trial does not entitle a defendant to indefinite adjournments; a court may grant a vacation on the express basis that it is the last indulgence and that the matter will proceed at the next listed hearing date regardless of whether representation is obtained.
