What is the test for funded counsel in a child protection case?
Manitoba, Canada
The following excerpt is from Winnipeg Child and Family Services v. A. (J.) et al., 2003 MBCA 154 (CanLII):
Not all cases or child protection cases will be of a nature where representation by a lawyer is necessary to obtain a fair hearing. The Charter does not provide a right to funded counsel in every case, only in those where the assistance of counsel is essential in order to ensure a fair trial. See Rain, at para. 36, and New Brunswick v. G. (J.), at para. 122.
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