Court Site Study of Adult Unrepresented Accused in the Provincial Criminal Courts (Part 2: Site Reports)

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Table of Contents

• Chapter 1: The National Court Site Study of Unrepresented Accused
  • 1.1 Background and objectives
  • 1.2 Overview of methodology
• Chapter 2: Regina
  • 2.1 Objectives and methodology
    • 2.1.1 Report format
    • 2.1.2 Methodology
  • 2.2 Context of the court and legal aid
    • 2.2.1 The community
    • 2.2.2 The court
    • 2.2.3 The legal aid system
    • 2.2.4 Duty counsel
    • 2.2.5 Other sources of assistance
  • 2.3 Frequency of accused appearing without representation
    • 2.3.1 Self-representation over the life of the case
    • 2.3.2 Self-representation by category of offence
    • 2.3.3 Self-representation by stage in the process
    • 2.3.4 Socio-demographic characteristics of unrepresented accused
  • 2.4 Other types of representation
    • 2.4.1 Prevalence of other types of representation
  • 2.5 Impact of self-representation on the accused
    • 2.5.1 Overall impact
    • 2.5.2 Specific strategic and tactical mistakes by the accused
    • 2.5.3 Type of plea entered by type of representation
    • 2.5.4 Type of plea entered by type of representation
    • 2.5.5 Conviction or not by type of representation
    • 2.5.6 Custodial sentence and type of representation
  • 2.6 Further impacts of lack of representation
    • 2.6.1 Impacts on court officers and others
    • 2.6.2 Overall impacts on court operations
  • 2.7 Overall conclusions
    • 2.7.1 Key overall findings
    • 2.7.2 General reasons for current unrepresented accused situation
    • 2.7.3 Solutions suggested by those interviewed in Saskatchewan
• Chapter 3: Halifax, Nova Scotia
  • 3.1 Objectives, format and methodology
    • 3.1.1 Objectives
    • 3.1.2 Report format
    • 3.1.3 Methodology
  • 3.2 Context of the court and legal aid
    • 3.2.1 The community
    • 3.2.2 The court
    • 3.2.3 Legal aid
    • 3.2.4 Duty counsel
    • 3.2.5 Disclosure
    • 3.2.6 Other sources of assistance
  • 3.3 Frequency of accused appearing without representation
    • 3.3.1 Self-representation over the life of the case
    • 3.3.2 Self-representation by category of offence
    • 3.3.3 Self-representation by stage in process
    • 3.3.4 Socio-demographic characteristics of unrepresented accused
  • 3.4 Other types of representation
    • 3.4.1 Prevalence of other types of representation
  • 3.5 Impact of self-representation on the accused
    • 3.5.1 Overall impact
    • 3.5.2 Specific strategic and tactical mistakes by the accused
    • 3.5.3 Type of plea entered by type of representation
    • 3.5.4 Conviction or not by type of representation
    • 3.5.5 Custodial sentence and type of representation
  • 3.6 Further impacts of lack of representation
    • 3.6.1 Impacts on court officers and others
    • 3.6.2 Overall impacts on court operations
  • 3.7 Overall conclusions
    • 3.7.1 Key overall findings
    • 3.7.2 General reasons for current unrepresented accused situation
    • 3.7.3 Solutions suggested by those interviewed in Halifax
• Chapter 4: Brandon, Manitoba
  • 4.1 Objectives, report format and methodology
    • 4.1.1 Objectives
    • 4.1.2 Report format
    • 4.1.3 Methodology
    • 4.1.4 An important caveat
  • 4.2 Context of the court and legal aid
    • 4.2.1 The community
    • 4.2.2 The court
    • 4.2.3 Legal aid
    • 4.2.4 Duty counsel
    • 4.2.5 Disclosure
  • 4.3 Frequency of accused appearing without representation
    • 4.3.1 Self-representation over the life of the case
    • 4.3.2 Self-representation at selected stages in the court process
    • 4.3.3 Self-representation by category of offence
    • 4.3.4 Socio-demographic characteristics of unrepresented accused
  • 4.4 Other types of representation
  • 4.5 Impact of self-representation on the accused
    • 4.5.1 Overall impact
    • 4.5.2 Specific strategic and tactical mistakes by the accused
    • 4.5.3 Type of plea entered by type of representation
    • 4.5.4 Conviction or not by type of representation
    • 4.5.5 Custodial sentence and type of representation
  • 4.6 Further impacts of lack of representation
    • 4.6.1 Impacts on court officers and others
    • 4.6.2 Overall impacts on court operations
  • 4.7 Overall conclusions
    • 4.7.1 Key overall findings
    • 4.7.2 General reasons for current unrepresented accused situation.
    • 4.7.3 Solutions suggested by those interviewed in Brandon
• Chapter 5: Edmonton, Alberta
  • 5.1 Objectives and methodology
  • 5.2 Context of the court and legal aid
    • 5.2.1 The community
    • 5.2.2 The court
    • 5.2.3 Legal aid
    • 5.2.4 Duty counsel
  • 5.3 Frequency of unrepresented accused
    • 5.3.1 Overview of representation
    • 5.3.2 Self-representation by category of offence and stage of process
    • 5.3.3 Socio-demographic characteristics of unrepresented accused
    • 5.3.4 Other types of representation
  • 5.4 Evidence on the impacts of lack of representation
    • 5.4.1 Perceived impacts of a lack of representation
    • 5.4.2 Empirical findings regarding a lack of representation
    • 5.4.3 Overall impacts on court operations
  • 5.5 Overall conclusions
    • 5.5.1 Key overall findings
    • 5.5.2 General reasons for the current situation regarding unrepresented accused 
    • 5.5.3 Solutions suggested by Key informants
• Chapter 6: Bathurst, New Brunswick
  • 6.1 Objectives and methodology
  • 6.2 Context of the court and legal aid
    • 6.2.1 The community
    • 6.2.2 The court
    • 6.2.3 The legal aid system
    • 6.2.4 Duty counsel
  • 6.3 Frequency of unrepresented accused
    • 6.3.2 Self-representation by category of offence and stage of process
    • 6.3.3 Socio-demographic characteristics of unrepresented accused.
    • 6.3.4 Other types of representation.
  • 6.4 Evidence on the impacts of lack of representation
    • 6.4.1 Perceived impacts of a lack of representation
    • 6.4.2 Empirical findings regarding the impacts of a lack of representation
    • 6.4.3 Overall impacts on court operations
  • 6.5 Overall conclusions
    • 6.5.1 Key overall findings
    • 6.5.2 General reasons for current unrepresented accused situation
    • 6.5.3 Suggested solutions
• Chapter 7: St. John's, Newfoundland
  • 7.1 Objectives, report format and methodology
    • 7.1.1 Report format
    • 7.1.2 Methodology
    • 7.1.3 An important caveat
  • 7.2 Context of the court and legal aid
    • 7.2.1 The community
    • 7.2.2 The court
    • 7.2.3 Legal aid
    • 7.2.4 Duty counsel
    • 7.2.5 Disclosure
  • 7.3 Frequency of accused appearing without representation
    • 7.3.1 Self-representation over the life of the case and at selected appearances
    • 7.3.2 Self-representation by category of offence
    • 7.3.3 Self-representation by stage in process
    • 7.3.4 Socio-demographic characteristics of unrepresented accused
  • 7.4 Other types of representation
    • 7.4.1 Prevalence of other types of representation
    • 7.4.2 Variation of representation by prior record of the accused
  • 7.5 Impact of self-representation on the accused
    • 7.5.1 Overall impact
    • 7.5.2 Specific strategic and tactical mistakes by the accused
    • 7.5.3 Type of plea entered by type of representation at last appearance
    • 7.5.4 Conviction or not by type of representation
    • 7.5.5 Custodial sentence and type of representation
  • 7.6 Further impacts of lack of representation
    • 7.6.1 Impacts on victims
    • 7.6.2 Impacts on court officers and others
    • 7.6.3 Overall impacts on court operations
  • 7.7 Overall conclusions
    • 7.7.1 Key overall findings
    • 7.7.2 General reasons for current unrepresented accused situation
    • 7.7.3 Solutions suggested by interviewees in St. John's
• Chapter 8: Kelowna, British Columbia
  • 8.1 Objectives and methodology
  • 8.2 Context of the court and legal aid
    • 8.2.1 The community
    • 8.2.2 The court
    • 8.2.3 Legal aid
    • 8.2.4 Duty counsel
  • 8.3 Frequency of unrepresented accused
    • 8.3.1 Overview of representation
    • 8.3.2 Self-representation by category of offence and stage of process
    • 8.3.3 Socio-demographic characteristics of unrepresented accused
    • 8.3.4 Other types of representation
  • 8.4 Evidence on the impacts of a lack of representation
    • 8.4.1 Perceived impacts of a lack of representation
    • 8.4.2 Empirical findings regarding a lack of representation
    • 8.4.3 Overall impacts on court operations
  • 8.5 Overall conclusions
    • 8.5.1 Key overall findings
    • 8.5.2 General reasons for the current situation regarding unrepresented accused
    • 8.5.3 Solutions suggested by our Key informants
• Chapter 9: Scarborough, Toronto, Ontario
  • 9.1 Objectives and methodology
    • 9.1.1 Report format
    • 9.1.2 Methodology
  • 9.2 Context of the court and legal aid
    • 9.2.1 The community
    • 9.2.2 The court
    • 9.2.3 Legal aid
    • 9.2.4 Duty counsel
    • 9.2.5 Disclosure
    • 9.2.6 Other Groups available to assist the accused
  • 9.3 Frequency of accused appearing without representation
    • 9.3.1 Self-representation over the life of the case
    • 9.3.2 Self-representation by category of offence
    • 9.3.3 Self-representation by stage in process
    • 9.3.4 Socio-demographic characteristics of unrepresented accused
  • 9.4 Other types of representation
    • 9.4.1 Prevalence of other types of representation
  • 9.5 Impact of self-representation on the accused
    • 9.5.1 Overall impact: perceptions of those interviewed
    • 9.5.2 Specific strategic and tactical mistakes by the accused
    • 9.5.3 Type of plea entered by type of representation
    • 9.5.4 Conviction or not by type of representation
    • 9.5.5 Custodial sentence and type of representation
  • 9.6 Further impacts of lack of representation
    • 9.6.1 Impacts on officers of the court and others
    • 9.6.2 Overall impacts on court operations
  • 9.7 Overall conclusions
    • 9.7.1 Key overall findings
    • 9.7.2 General reasons for current unrepresented accused situation
    • 9.7.3 Solutions suggested by interviewees in Scarborough
• Chapter 10: Sherbrooke, Quebec
  • 10.1 Objectives and methodology
  • 10.2 Context of the court and legal aid
    • 10.2.1 The community
    • 10.2.2 The court
    • 10.2.3 Legal aid
    • 10.2.4 Duty counsel
  • 10.3 Frequency of unrepresented accused
    • 10.3.1 Overview of representation
    • 10.3.2 Self-representation by category of offence and stage of process
    • 10.3.3 Socio-demographic characteristics of unrepresented accused
    • 10.3.4 Other types of representation
  • 10.4 Evidence on the impacts of lack of representation
    • 10.4.1 Perceived impacts of a lack of representation
    • 10.4.2 Empirical impacts of a lack of representation
    • 10.4.3 Impacts on court officers and others
    • 10.4.4 Overall impacts on court operations
  • 10.5 Overall conclusions
    • 10.5.1 Key overall findings
    • 10.5.2 General reasons for current unrepresented accused situation
    • 10.5.3 Suggested solutions

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