R v S(A)

canada, canadian, case law, court opinion, canlii, ntca, 2025nwtca5, 2025 nwtca 5 (canlii), 2025, nwtca, 5, (canlii), a1-ap-2024-000002, 2025, procedure, criminal appeal, applications pending appeal, criminal code, ss. 683(1)(e), 679(3), application for appointment of a commissioner and application for interim release pending appeal, record not perfected and interim release not finally resolved, counsel urged to expedite appeal, applications adjourned, procedure, criminal appeal, appointment of a commissioner, criminal code, s. 683(1)(e), whether appointment of a commissioner is premature where trial counsel will attend for an examination, trial counsel described as a compellable witness, see r. v c.j.r., application could be revived once the record is perfected, application adjourned, procedure, interim release, judicial interim release pending appeal, criminal code, s. 679(3), whether the appeal is frivolous and whether detention is necessary in the public interest, difficult to assess arguable merit without evidence from trial counsel, see r. v j.b., interest in enforceability outweighs reviewability on present record, application adjourned, professional responsibility, ineffective assistance of counsel, competence and miscarriage of justice, whether trial counsel’s acts or omissions constituted incompetence and whether a miscarriage of justice resulted, see r. v meer, strong presumption of competence of counsel, applicant’s witness and text message points not shown to disclose satisfactory evidence of miscarriage of justice, application for interim release adjourned