R. v. Kinsella, 2020 NLCA 34

Her Majesty the Queen in Right of Canada (appellant) v. Patrick Kinsella (respondent) (19/92) Indexed As: R. v. Kinsella 2020 NLCA 34 6 C.A.N.L.R. 94 Court of Appeal of Newfoundland and Labrador Welsh J.A. October 8, 2020

Summary: Counsel Randolph J. Piercey applied to withdraw as counsel for the respondent. Mr. Piercey received a telephone message from the respondent not to proceed as his counsel on the appeal. Mr. Piercey had filed the respondent’s factum. Held: Mr. Piercey’s application to withdraw as counsel for the respondent was granted. Welsh J.A.: It would be unethical for Mr. Piercey to proceed as counsel for the respondent. The Crown did not oppose the motion. The appeal was adjourned to permit the Crown the opportunity to take the steps necessary to proceed with the appeal.

Counsel: David Schermbrucker, for the appellant; Randolph J. Piercey Q.C., for the respondent. This application was heard on October 8, 2020 with decision rendered orally by Welsh J.A. The following memorandum of disposition was filed on October 8, 2020 by Welsh J.A. ______________________________________________________________ MEMORANDUM OF DISPOSITION Welsh J.A.: [ 1 ] This is an application by Randolph Piercey, Q.C. to withdraw as counsel for Patrick Kinsella in the appeal by the Crown against Mr. Kinsella’s acquittal. The application was granted at the hearing. [ 2 ] In July, Mr.

Kinsella left a telephone message directing Mr. Piercey not to proceed as his counsel on the appeal. Since that time, Mr. Piercey has been unsuccessful in several attempts to contact Mr. Kinsella by telephone and by mail. Although Mr. Piercey filed the respondent’s factum in June, he submitted that it would be unethical for him to proceed with the appeal in light of Mr. Kinsella’s message. I agree. In the circumstances, Mr. Piercey’s application was not opposed by the Crown. [ 3 ] Accordingly, Mr. Piercey’s application to withdraw as counsel was granted.

The appeal, which was set to be heard on October 22, 2020, was adjourned to permit the Crown the opportunity to take the steps necessary to proceed with the appeal. Application granted.