Applications to Remove Counsel of Record & the Need to Hear from the Accused

A client is entitled to discharge counsel at any time for any reason. If a client does not want to be represented by a particular counsel, the court cannot force that representation on the client.

On an application by trial counsel to be removed from the record, it is imperative that the client’s position be known to the judge hearing the application. Some inquiry, albeit one carefully circumscribed to avoid entrenching on client-solicitor privilege, is necessary.

               R. v. Short, 2018 ONCA 1, at para. 40 (obiter).

        Stuart O’Connell, O’Connell Law Group, www.leadersinlaw.ca

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