The accused, a young offender at the time, was tried by a judge and jury and found guilty of manslaughter. The accused wished to appeal his conviction, but lacked the resources to retain counsel. He filed an appeal and applied to have state funded counsel appointed (Criminal Code, s. 684(1)). Section 684(1) gave a judge the discretion to appoint counsel for an indigent accused on appeal, “where it appears desirable in the interests of justice”. The motions judge dismissed the application. The accused appealed, arguing that s. 684(1) violated ss. 7, 10(b), 11(d) and 15 of the Charter because there was no automatic right to state funded counsel, Further, any prerequisite on him to show that the appeal had some merit offended his Charter rights.