Appellate practice

In some cases, the Legal Services Society will not provide a legal aid lawyer to represent an accused where a criminal matter is appealed to the British Columbia Court of Appeal. The reasons for this vary, but the most common one is where the LSS determines that the accused has little chance of success on appeal. However, there is another way to obtain free legal representation.

Under section 684 of the Criminal Code, a court may appoint a lawyer to act on behalf of a self-represented party in a criminal appeal where a two-part test is met:
 

Alliance for Marriage and Family v. A.A., 2007 SCC 40
Click here to link to the full judgment.
(Standing / Supreme Court Rules)
Alliance, who was an intervenor in a family law case decided by the Ontario Court of Appeal, wanted to appeal that court's decision.  The Court of Appeal had ruled that two lesbian partners could be considered mothers of a child born to one of them, with the result that the child has two mothers and a father.  In rejecting Alliance's application, the Supreme Court held that the rules do not permit a private applicant, with no personal interest, to revive litigation.
Majority/Dissent: 1/0