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鈥檚 Inn owner Robert Boule鈥檚 request was made Friday following a hearing in B.C. Supreme Court.

Boule made the 鈥淩owbotham application鈥� before Justice Frits Verhoeven at the New Westminster courthouse.

The application 鈥� named after a 1988 case in Ontario 鈥� is an option for people 鈥渇acing serious and complex criminal charges,鈥� who have been denied legal aid and can鈥檛 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 鈥渢he complexity (of the case) is acknowledged and conceded鈥� by the Crown.

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

He told PAN he can鈥檛 afford a lawyer.

鈥淭here鈥檚 no funds,鈥� Boule said.

His former lawyer, Peter Edelmann, told Peace Arch 亚洲天堂 outside court 鈥� before the decision 鈥� that he couldn鈥檛 speak to Boule鈥檚 case specifically, but that ultimately, the matter was about an accused鈥檚 right to counsel. Edelmann was not available to comment further Monday, prior to PAN鈥檚 afternoon press deadline.

David MacAlister, director of Simon Fraser University鈥檚 school of criminology, said the step is not a common one.

鈥淚t鈥檚 something that you don鈥檛 hear very much about,鈥� said MacAlister, who noted he was in law school when the Rowbotham case came up. 鈥淚鈥檝e encountered a few鈥� six or seven.鈥�

MacAlister said while it is even less common to see applications involving non-Canadians, if the case is sufficiently complex, it doesn鈥檛 matter where the applicant resides.

鈥淭he rights that we have in the charter are applicable to all people,鈥� he said.

Boule鈥檚 case is set for trial early next year, from Jan. 13 to Feb. 5.

tholmes@peacearchnews.com
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