Accused charged with summary conviction offences and was represented by legal agent Emerson Brando. Crown application to have Court refuse leave for the agent to represent the accused, given (in part) the agent’s criminal record and false claims of long standing membership in the RCMP.
Held: Application granted.
Court controls its own process, and has the inherent power to deny the application of the accused to appear by legal agent: Romanowicz (1999) 45 OR (3d) 506 (CA). “Had full particularized disclosure been made [regarding the agent] and Mr. Hansen had still maintained his wish to have Mr. Brando continue as his agent, I would regard his choice as perverse. No representation by Mr. Brando could be heard without the overwhelming distraction and concern over Mr. Brando’s veracity and reliability.”