This application was heard in the New Brunswick Provincial Court.

The applicant, Keith Boucher, had been charged with possessing a moose carcass without a license in violation of section 58 of the New Brunswick Fish and Wildlife Act. Mr. Boucher argued that he did not need a license to possess moose meat because he was an Indian person who had Aboriginal rights protected by section 35 of the Constitution Act, 1982. At this application, Mr. Boucher asked for remedial assistance (for the Court to provide him with tools to help him argue his case). Specifically, he requested state-funded counsel of his choice and advance costs (for research and paying for expert testimony) so that he would be able to effectively argue his defence at trial.

The Court first considered whether Mr. Boucher should be given state-funded counsel of choice. On this issue, the Court noted that Mr. Boucher already had state-funded council. It found that although Mr. Boucher’s right to a fair trial could require that he be provided with state-funded counsel, this right did not extend to a right to state-funded counsel of his own choosing. The Court also rejected the argument that the counsel the applicant was already receiving was inadequate. For these reasons the application for state-funded counsel of choice was rejected by the Court. 

When considering the issue of advance costs, the Court found that provincial courts do not have the power to make orders for advance costs. 

Both of Mr. Boucher’s requests were denied.

View the Decision on CanLII: www.canlii.org/en/nb/nbpc/doc/2015/2015nbpc6/2015nbpc6.html

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