Stuart O'Connell Criminal Law Blog

Trial Management Power   Trial judges have a firmly rooted authority to control proceedings over which they preside. In the exercise of that authority, they may intervene when counsel or witnesses fail to follow the rules or rulings made during the course of the trial. Judges are entitled to control the procedure of trial to ensure, as best they can, that the proceedings are effective, efficient and fair to all parties, including those required to give evidence: R. v. Snow (2004), 190 C.C.C. (3d) 317 (Ont. C.A.), at para. 24; R. v. Felderhof (2003), 180 CCC (3d) 498 (Ont. C.A.), at paras. 36-40; R. v. Valley (1986), 26 C.C.C. (3d) 207 (Ont. C.A.), at pp. 230-32, leave to appeal refused, [1986] 1 S.C.R. xiii (note). The position of established neutrality occupied by trial judges requires them to confine themselves as much as possible to their own responsibilities, and to leave to counsel and to the jury their respective functions. R. v. Torbiak and Campbell (1974), 1...

The court has jurisdiction to remove a solicitor from the record and restrain him from acting. Re Regina and Speid , 1983 CanLII 1704 (ON CA), at para. 5. An accused has a right to professional advice and to retain counsel of his/her choice (rights inferentially entrenched in section 10 of the Charter ).   But an accused has no right to counsel who, by accepting the brief, cannot act professionally . Re Regina and Speid , at para. 16.  [Where counsel was in a conflict of interest between his new client and his former one].   In assessing the merits of a disqualification order, the court must balance the individual's right to select counsel of his own choice, public policy and the public interest in the administration of justice and basic principles of fundamental fairness. Such an order should not be made unless there are compelling reasons. Re Regina and Speid , at para. 6. Stuart O’Connell, O’Connell Law Group, www.leadersinlaw.ca