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Canada to pay legal fees for U.S. inn owner accused of human-smuggling

Robert Boule香蕉视频直播檚 香蕉视频直播楻owbotham application香蕉视频直播 granted Friday in B.C. Supreme Court
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The owner of the Smuggler香蕉视频直播檚 Inn in Blaine has won an application to have the Canadian government fund his defence against human-smuggling-related charges. (File photo)

A U.S. inn owner facing charges in Canada relating to human smuggling has had an application to have his defence funded by the Canadian government granted.

According to court records, the decision regarding Smuggler香蕉视频直播檚 Inn owner Robert Boule香蕉视频直播檚 request was made Friday following a hearing in B.C. Supreme Court.

Boule made the 香蕉视频直播淩owbotham application香蕉视频直播 before Justice Frits Verhoeven at the New Westminster courthouse.

The application 香蕉视频直播 named after a 1988 case in Ontario 香蕉视频直播 is an option for people 香蕉视频直播渇acing serious and complex criminal charges,香蕉视频直播 who have been denied legal aid and can香蕉视频直播檛 afford a lawyer.

Boule is facing charges related to knowingly inducing, aiding or abetting people in illegally attempting to enter Canada, as well as charges of breaching recognizance relating to a prior indictment.

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Arrested in April, the senior was released on $15,000 bail last month, with more than a dozen conditions, including that he must deny potential customers if they give any indication of a plan to enter Canada illegally.

Friday, prosecutor Daniel Meneley, counsel for the Public Prosecution Service of Canada, told the court that a key to successful Rowbotham applications is that counsel representation be deemed essential to conduct a fair trial.

He noted 香蕉视频直播渢he complexity (of the case) is acknowledged and conceded香蕉视频直播 by the Crown.

Boule has been self-represented since January, the court heard.

He told PAN he can香蕉视频直播檛 afford a lawyer.

香蕉视频直播淭here香蕉视频直播檚 no funds,香蕉视频直播 Boule said.

His former lawyer, Peter Edelmann, told Peace Arch News outside court 香蕉视频直播 before the decision 香蕉视频直播 that he couldn香蕉视频直播檛 speak to Boule香蕉视频直播檚 case specifically, but that ultimately, the matter was about an accused香蕉视频直播檚 right to counsel. Edelmann was not available to comment further Monday, prior to PAN香蕉视频直播檚 afternoon press deadline.

David MacAlister, director of Simon Fraser University香蕉视频直播檚 school of criminology, said the step is not a common one.

香蕉视频直播淚t香蕉视频直播檚 something that you don香蕉视频直播檛 hear very much about,香蕉视频直播 said MacAlister, who noted he was in law school when the Rowbotham case came up. 香蕉视频直播淚香蕉视频直播檝e encountered a few香蕉视频直播 six or seven.香蕉视频直播

MacAlister said while it is even less common to see applications involving non-Canadians, if the case is sufficiently complex, it doesn香蕉视频直播檛 matter where the applicant resides.

香蕉视频直播淭he rights that we have in the charter are applicable to all people,香蕉视频直播 he said.

Boule香蕉视频直播檚 case is set for trial early next year, from Jan. 13 to Feb. 5.



tholmes@peacearchnews.com

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Tracy Holmes

About the Author: Tracy Holmes

Tracy Holmes has been a reporter with Peace Arch News since 1997.
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