The Court of Appeal has handed down a judgment considering the right of access to legal aid as it relates to the right to a fair hearing under section 24 of the Charter, and the rights in criminal proceedings in s 25(2)(d) and (f) of the Charter. It was held the power conferred on VLA is discretionary and the Charter does not extend VLA's obligations. The decision also sets out the Court of Appeal's approach to the interpretation section in 32 of the Charter following the High Court decision in Momcilovic.  

Read the judgment here.

Wednesday, February 29, 2012