Respondent Guidebook for Crown Appeals
2.1 Applying for a court-appointed lawyer (Section 684 application)
In some cases, you can get a court-appointed lawyer under section 684 of the Criminal Code.
- You can apply if:
- the Crown has filed a notice of appeal,
- you have no money to hire a lawyer for your appeal, and
- you applied to Legal Aid and were refused by the local office and by the head office in Saskatoon.
Take the following steps:
- Apply to the local office of Legal Aid. You can find a list of legal aid offices here: http://www.legalaid.sk.ca/contact/office_list.php
- If the local office of Legal Aid denies you representation, obtain a written copy of the denial decision and appeal that decision to the head office of Legal Aid in Saskatoon – the local office will provide you with instructions about how to do this when they deny you representation.
- If the head office of Legal Aid also denies you representation, obtain a written copy of that denial decision and prepare a notice of motion in Form I and an affidavit in Form J. You will need to insert a chambers date into your notice of motion. You can find out when the court’s next chambers dates are by telephoning the registry office at (306) 787-5382 or by looking here. In your affidavit, you should tell the court about:
- your financial situation,
- your education and knowledge of the court process,
- the complexity of your case,
- your grounds of appeal (the main points the Crown will argue), and
- the reasons why you believe that you need a lawyer to organize and present your case.
- Send a copy of your notice of motion, affidavit and the letters from Legal Aid (local office and head office) to Court Services Branch of the Ministry of Justice and Attorney General (the address is on the bottom of Form I) and file a copy of this material at the Court of Appeal’s registry office at least three days before the chambers date inserted in your notice of motion.
If you are in custody when the application is heard, arrangements will be made by the registry office for you to appear by telephone before a judge of the court in chambers.