The owner of the Smuggler’s Inn in Blaine has won an application to have the Canadian government fund his defence against human-smuggling-related charges. (File photo)

Canada to pay legal fees for U.S. inn owner accused of human-smuggling

Robert Boule’s ‘Rowbotham application’ granted Friday in B.C. Supreme Court

A U.S. inn owner facing charges in Canada relating to human smuggling has had an application to have his defence funded by the Canadian government granted.

According to court records, the decision regarding Smuggler’s Inn owner Robert Boule’s request was made Friday following a hearing in B.C. Supreme Court.

Boule made the “Rowbotham application” before Justice Frits Verhoeven at the New Westminster courthouse.

The application – named after a 1988 case in Ontario – is an option for people “facing serious and complex criminal charges,” who have been denied legal aid and can’t afford a lawyer.

Boule is facing charges related to knowingly inducing, aiding or abetting people in illegally attempting to enter Canada, as well as charges of breaching recognizance relating to a prior indictment.

READ MORE: Nine of 30 smuggling charges stayed against Smugglers Inn owner, trial date set

Arrested in April, the senior was released on $15,000 bail last month, with more than a dozen conditions, including that he must deny potential customers if they give any indication of a plan to enter Canada illegally.

Friday, prosecutor Daniel Meneley, counsel for the Public Prosecution Service of Canada, told the court that a key to successful Rowbotham applications is that counsel representation be deemed essential to conduct a fair trial.

He noted “the complexity (of the case) is acknowledged and conceded” by the Crown.

Boule has been self-represented since January, the court heard.

He told PAN he can’t afford a lawyer.

“There’s no funds,” Boule said.

His former lawyer, Peter Edelmann, told Peace Arch News outside court – before the decision – that he couldn’t speak to Boule’s case specifically, but that ultimately, the matter was about an accused’s right to counsel. Edelmann was not available to comment further Monday, prior to PAN’s afternoon press deadline.

David MacAlister, director of Simon Fraser University’s school of criminology, said the step is not a common one.

“It’s something that you don’t hear very much about,” said MacAlister, who noted he was in law school when the Rowbotham case came up. “I’ve encountered a few… six or seven.”

MacAlister said while it is even less common to see applications involving non-Canadians, if the case is sufficiently complex, it doesn’t matter where the applicant resides.

“The rights that we have in the charter are applicable to all people,” he said.

Boule’s case is set for trial early next year, from Jan. 13 to Feb. 5.



tholmes@peacearchnews.com

Like us on Facebook and follow us on Twitter

Just Posted

RCMP searching for missing Lax Kw’alaams resident

Public urged to help in search for 42-year-old Lawrence Maitland

Coast Tsimshian sign historic stewardship agreement

Lax Kw’alaams and Metlakatla plan to work as one to preserve traditional lands

Pacific Northern Gas moves to reinstate full capacity and expand pipeline

Increased supply and demand could mean lower rates for North Coast customers, PNG says

Prince Rupert golfers shoot for a cause

Record turnout at Firemen’s Scramble as over 100 people sign up to support Burn Fund charity

Rare grizzly bear sightings near Dodge Cove

Several bears have made their way to Digby Island in the past few weeks

Downtown Prince Rupert gets a much needed tidying up

Positive Prince Rupert turns their attention to the streets for their July clean

VIDEO: Man found dead near B.C. teens’ truck could be linked to a double homicide

RCMP said they are looking for Kam McLeod, 19, and Bryer Schmegelsky, 18, of Port Alberni

Latest plan is to fly trapped fish by helicopter over Big Bar slide

Multi-pronged plan set in motion to freesalmon blocked by landslide in the Fraser River

Family of missing B.C. senior with dementia frustrated with situation, heartened by community support

Nine days since Grace was last seen the question remains: ‘How can an 86-year-old just disappear?’

Unsealed record suggests U.S. man convicted of murdering Vancouver Island couple left DNA on zip tie in 1987

William Talbott is set to be sentenced Wednesday in the murders of Jay Cook and Tanya Van Cuylenborg

Okanagan Air Cadet challenges gender-exclusive haircut policy

Haircut regulation inspires challenge around gender identity

VIDEO: Bystander training gains traction as tool to prevent sexual harassment, violence

Julia Gartley was sexually assaulted after an event, and no one stepped in to help

Two brands of ice cream sandwiches recalled due to presence of metal

The Canadian Food Inspection Agency issued a recall on Iceberg and Originale Augustin brands

Most Read