What is the test for an effectiveness complaint?
Ontario, Canada
The following excerpt is from Acton v. Cavanaugh, Graff and Durham Regional Police Service, 2013 ONCPC 8 (CanLII):
45. The onus of establishing prosecutorial misconduct or ineffectiveness rests with the Appellant and there is a strong presumption that counsel’s conduct falls within the wide range of reasonable professional assistance. It is not the role of an appellate body to grade counsel’s performance or professional conduct. Rather, effectiveness complaints should be disposed of on the ground that no prejudice has occurred: see R v. G.D.B., supra, paras. 29 to 31.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the effect of a trial judge's charge as to the complaint? (Ontario, Canada)
Can an employer who responds quickly and effectively to a complaint of sexual harassment avoid liability? (Ontario, Canada)
What is the effect of residual residual effects of a misnomer amendment to a medical malpractice case? (Ontario, Canada)
Does imposition of undertakings have a mitigating effect on a return order? (Ontario, Canada)
What is the effect of a dangerous driving charge? (Ontario, Canada)
What is the effect of a deemed undertaking on the use of discovery evidence? (Ontario, Canada)
What is the effect of a trustee’s intention to include all creditors in the distribution of a debtor's assets? (Ontario, Canada)
What is the effect of improper use of surveillance evidence in a trial by ambush? (Ontario, Canada)
Can an arbitrator be required as a matter of law to "give full effect" to a conviction? (Ontario, Canada)
What is the effect of failing to put to the complainant this version of events? (Ontario, Canada)
