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Constitutional Law Mock Appeal Scenario: R. v. Antonio Provolone

This resource, originally from the OJEN Fall 2009 Charter Challenge, deals with access to legal counsel. Mr. Antonio Provolone does not have legal counsel to proceed to trial on a number of criminal charges, including robbery. His original lawyer withdrew from his case due to illness, and Mr. Provolone has been unable to find a lawyer who will accept a legal aid certificate. He submits that it would be unfair to proceed to trial if he is unable to access legal counsel and to do so would be a violation of the Canadian Charter of Rights and Freedoms on the grounds that it violates his right to life, liberty, and security of the person under s. 7 and his right to be presumed innocent until proven guilty under s. 11(d). Mr. Provolone also claims that he should be entitled to remedies resulting from the Charter infringements under s. 24(1). This resource includes the trial level decision, which provides the basis for the appeal, as well as a factum template.

About the Charter Challenge

As Ontario’s only provincial appellate-level mock hearing, the Charter Challenge has students prepare arguments of Charter issues raised on appeal. While researching their arguments, students have the opportunity to connect online with other students around the province, as well as with lawyer mentors. Their factums are reviewed and finalist teams have the opportunity to argue the issue before a Court of Appeal judge, either in person or through video-conferencing.

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