R. v. Chafe, 2019 NLCA 48

Todd Chafe (applicant/appellant) v. Her Majesty the Queen (respondent) (19/61) Indexed As: R. v. Chafe 2019 NLCA 48 4 C.A.N.L.R. 682 Court of Appeal of Newfoundland and Labrador Welsh J.A. July 31, 2019

Summary: Mr. Chafe applied for judicial interim release pending the appeal of his conviction for one count each of break and enter, assault, and uttering a threat. Held: Application for judicial interim release granted with conditions. Welsh J.A.: the criteria set out in section 679(3) of the Criminal Code regarding judicial interim release were satisfied (paragraph 2). Statutes considered: Criminal Code , section 679(3) Counsel: Bob Buckingham, for the applicant/appellant; Lisa Stead, for the respondent. The application was heard and judgment rendered orally on July 31, 2019 by Welsh J.A.

The following memorandum of disposition was filed on July 31, 2019 by Welsh J.A. ______________________________________________________________ Welsh J.A.: [ 1 ] On March 15, 2019, Todd Chafe was convicted of one count each of break and enter, assault, and uttering a threat contrary to sections 348 , 266 and 264 of the Criminal Code . The offences arose from a family dispute regarding a Will. The notations on the indictment indicate that, on June 20, 2019, Mr.

Chafe was sentenced to three hundred days imprisonment for the offence of break and enter, ninety days concurrent for the assault, and thirty days concurrent for uttering a threat. [ 2 ] Mr. Chafe filed a notice of appeal against conviction and sentence on July 5, 2019. At the hearing of his application for judicial interim release pending disposition of his appeal, I granted the application on conditions agreed to by Crown counsel and approved by me. I was satisfied that the criteria set out in section 679(3) of the Criminal Code were satisfied; that is, the appeal is not frivolous; Mr.

Chafe will surrender himself into custody in accordance with the terms of the order; and detention is not necessary in the public interest. Application granted.

Rodney Miller (applicant/appellant) v. Angel Morgan (respondent) (19/47) Indexed As: Miller v. Morgan 2019 NLCA 49 Court of Appeal of Newfoundland and Labrador Welsh J.A. August 1, 2019

Summary: Counsel for Mr. Miller applied to withdraw as counsel of record. She advised that the solicitor-client relationship had broken down to the extent that it was no longer possible to obtain instructions or to represent Mr. Miller. She further advised that Mr. Miller’s legal aid certificate, which was the basis for her representation, had been cancelled. Counsel for Ms. Morgan opposed the application on the basis of a concern with delay in proceeding with Mr. Morgan’s application to strike the notice of appeal. Held: Application granted.

Welsh J.A.: The application to withdraw as counsel of record was granted. The Court was satisfied that the solicitor-client relationship between Mr. Miller and his counsel had broken down and that it had become impossible for counsel to obtain instructions. Directions with respect to Ms. Morgan’s application to strike the notice of appeal were also provided (paragraphs 3-5). Counsel: G. Lori Savory, for the applicant/appellant; Desmond Parsons, for the respondent. The application was heard and judgment rendered orally on August 1, 2019 by Welsh J.A.

The following memorandum of disposition was filed on August 1, 2019 by Welsh J.A. ______________________________________________________________ Welsh J.A.: [1] This is an application for an order allowing counsel for Mr. Miller to withdraw as counsel of record. Counsel advised that the solicitor-client relationship has broken down to the extent that it is no longer possible for her to obtain instructions or to represent Mr. Miller. In addition, counsel advised that Mr. Miller’s legal aid certificate, which was the basis for her representation, was cancelled on July 16, 2019. [2] Counsel for Ms.

Morgan opposed the application to permit counsel to withdraw as counsel of record for Mr. Miller on the basis of a concern with delay in proceeding with Ms. Morgan’s application to strike the notice of appeal. [ 3 ] At the hearing, I granted the application permitting counsel to withdraw as counsel of record for Mr. Miller, with no order as to costs, both parties being represented pursuant to legal aid certificates. I was satisfied that the solicitor-client relationship has broken down and that it has become impossible for counsel to obtain instructions. [ 4 ] Although Mr.

Miller was not present in Court, I was satisfied that sufficient action had been taken to ensure that he received notice of the hearing. In particular, following difficulty in locating Mr. Miller, the documentation was delivered to his mother at the address Mr. Miller had given. Mr. Miller’s mother undertook to provide the information and documentation to Mr. Miller.

[ 5 ] In addition to granting the application permitting counsel to withdraw as counsel of record for Mr. Miller, I gave directions regarding Ms. Morgan’s application to strike the notice of appeal. The hearing of that application has been set for September 10, 2019 at 10:00 a.m. Further, unless Mr. Miller provides new information, counsel for Ms. Morgan was given leave to serve documents on Mr. Miller by delivering them to Mr. Miller’s mother at the address Mr. Miller had given. Application granted.