Crown application for leave to appeal pursuant to s. 676.1 CC from a Rowbotham order granted at trial. The trial judge’s original order directed the state to pay legal fees for work previously completed by counsel.
Held: Leave granted.
“One of the grounds that is particularly emphasized … is that Mr. Justice Thomas was not in a position to make a retroactive order of this type … In other words, the jurisdiction for costs is for the purpose of ensuring the due administration of justice and ensuring adjudicative fairness for a person faced with a criminal prosecution with his liberty at stake. The Crown says that there is not, within the scope of such a remedy, a further capacity to make the Crown fund prior expenses already engaged in or entered into by the person who is the clamant and applicant on the motion.”