A U.S. inn owner facing charges in Canada relating to human smuggling has had an application to have his defence funded by the Canadian government granted.

According to court records, the decision regarding Smuggler害羞草研究所檚 Inn owner Robert Boule害羞草研究所檚 request was made Friday following a hearing in B.C. Supreme Court.

Boule made the 害羞草研究所淩owbotham application害羞草研究所� before Justice Frits Verhoeven at the New Westminster courthouse.

The application 害羞草研究所� named after a 1988 case in Ontario 害羞草研究所� is an option for people 害羞草研究所渇acing serious and complex criminal charges,害羞草研究所� who have been denied legal aid and can害羞草研究所檛 afford a lawyer.

Boule is facing charges related to knowingly inducing, aiding or abetting people in illegally attempting to enter Canada, as well as charges of breaching recognizance relating to a prior indictment.

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Arrested in April, the senior was released on $15,000 bail last month, with more than a dozen conditions, including that he must deny potential customers if they give any indication of a plan to enter Canada illegally.

Friday, prosecutor Daniel Meneley, counsel for the Public Prosecution Service of Canada, told the court that a key to successful Rowbotham applications is that counsel representation be deemed essential to conduct a fair trial.

He noted 害羞草研究所渢he complexity (of the case) is acknowledged and conceded害羞草研究所� by the Crown.

Boule has been self-represented since January, the court heard.

He told PAN he can害羞草研究所檛 afford a lawyer.

害羞草研究所淭here害羞草研究所檚 no funds,害羞草研究所� Boule said.

His former lawyer, Peter Edelmann, told Peace Arch News outside court 害羞草研究所� before the decision 害羞草研究所� that he couldn害羞草研究所檛 speak to Boule害羞草研究所檚 case specifically, but that ultimately, the matter was about an accused害羞草研究所檚 right to counsel. Edelmann was not available to comment further Monday, prior to PAN害羞草研究所檚 afternoon press deadline.

David MacAlister, director of Simon Fraser University害羞草研究所檚 school of criminology, said the step is not a common one.

害羞草研究所淚t害羞草研究所檚 something that you don害羞草研究所檛 hear very much about,害羞草研究所� said MacAlister, who noted he was in law school when the Rowbotham case came up. 害羞草研究所淚害羞草研究所檝e encountered a few害羞草研究所� six or seven.害羞草研究所�

MacAlister said while it is even less common to see applications involving non-Canadians, if the case is sufficiently complex, it doesn害羞草研究所檛 matter where the applicant resides.

害羞草研究所淭he rights that we have in the charter are applicable to all people,害羞草研究所� he said.

Boule害羞草研究所檚 case is set for trial early next year, from Jan. 13 to Feb. 5.

tholmes@peacearchnews.com
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