There are a number of hurdles to jump before successfully making a claim of ineffective assistance of counsel in Criminal Proceedings. The following recent quote from the highest court in Ontario highlights hurdles in the path of such a claim:
“To succeed on an ineffective assistance claim, the appellant must establish the material facts upon which he relies, that the assistance was ineffective and that the ineffective assistance resulted in a miscarriage of justice, either by virtue of an unreliable verdict or an unfair trial. Deference is owed to counsel’s performance at trial and there is a “strong presumption that counsel’s conduct fell within the wide range of reasonable professional assistance..” (R v. M.M. 2018 ONCA 1019, at para. 2).*
William Poulos, Barrister
* This blog is not a substitute for legal advice. Should you require legal advice a lawyer should be consulted on the specific circumstances of your case.