The second paragraph of section 83.1 of the Act respecting legal aid and the provision of certain other legal services requires the Commission des services juridiques to see to it that legal services are offered “if a court order concerning the designation of counsel has been made under the Criminal Code, in particular under section 486.3 or 672.24, subsections 8 to 8.2 of section 672.5, section 684 or section 694.1 of that Code.” Section 486.3 of the Criminal Code allows the court to prohibit the accused from personally cross-examining a witness who is a minor, the victim in a case of criminal harassment or any other witness if “… the judge or justice is of the opinion that, in order to obtain a full and candid account from the witness of the acts complained of, the accused should not personally cross-examine the witness …”. In these cases, the court must ex officio designate a lawyer for the accused in order to carry out the cross-examinations. Section 486.7 (1) allows the court, at the request of the prosecutor or a witness or on its own initiative, to make any order other than those referred to in sections 486 to 486.5 if it is of the opinion that it is necessary to ensure the security of a witness and that it is, moreover, in the interest of the proper administration of justice. Under sections 672.24 and 672.5 Cr.C., a court or a review board of the Administrative Tribunal of Québec must ex officio designate a lawyer for an accused who has mental problems that make him unfit to stand trial or whose mental state is doubtful, so that the accused may be represented before the court or review board. Lastly, pursuant to sections 684 and 694.1 Cr.C., the Québec Court of Appeal and the Supreme Court of Canada may ex officio designate a lawyer where “… it appears desirable in the interests of justice that the accused should have legal assistance and where it appears that the accused has not sufficient means to obtain that assistance”. In all these situations in which a lawyer is designated for the accused, the accused nevertheless has the right to choose his lawyer. When the accused does not or is unable to secure such services, the court may ask the Commission des services juridiques to provide counsel to the accused, at the State’s expense. For purposes of section 486.3 Cr.C., the Commission des services juridiques, in cooperation with the community legal centres, will satisfy the court’s request by alternating, in accordance with section 83.8 of the Act, between a lawyer employed by legal aid and a lawyer in private practice. A list has been specially established for this purpose and will be updated as and when lawyers in private practice sign up or withdraw therefrom. Under art. 278 of the Code of Civil Procedure, the court may, on application or on its own initiative, prevent an unrepresented party from examining or cross-examining the other party or a child, where the unrepresented party has been indicted or is subject to an order, an undertaking or a recognizance under the Criminal Code concerning that other party or that child in relation to family violence, which includes spousal violence, or to sexual violence, or where the unrepresented party is subject to a civil protection order or to an application, agreement or decision relating to youth protection also concerning that other party or that child or where the court considers that such a context of violence exists. In such a case, the court orders that a lawyer be designated to conduct the examination or cross-examination. Please refer to the Designation Procedure in Family Matters. Lastly, newly enacted s. 85.4.1. of the Youth Protection Act specifies that the tribunal may, on application or on its own initiative, prevent an unrepresented party from examining or cross-examining a child and order that the child be examined or cross-examined by a lawyer. Please refer to the Designation Procedure in Youth Law Matters. All the situations covered by the second paragraph of s. 83.1 and by s. 83.1.1 of the Act respecting legal aid and the provision of certain other legal services arise when a party is representing themselves and a court orders the designation of a lawyer. The financial eligibility of the persons covered by this provision need not be established. In all cases, only the Commission des services juridiques can issue a “confirmation of eligibility under Chapter III of the Act and a mandate”, whether the designated lawyer is in private practice or is a legal aid staff lawyer. |