Affidavit On Motion for The Assignment of Counsel

Jurisdiction: Country: Canada | Province or State: Prince Edward Island

What is an Affidavit On Motion for The Assignment of Counsel?

An Affidavit on Motion for the Assignment of Counsel is a sworn statement you file in the Prince Edward Island Court of Appeal to ask the court to appoint a lawyer for your appeal. It supports a formal motion that asks the Court of Appeal to assign counsel because you cannot afford a lawyer and the interests of justice require one. The affidavit is your evidence. You lay out facts about your finances, your efforts to hire a lawyer, and why your appeal needs a lawyer to be fair.

You use this affidavit when you are appealing a criminal conviction, a sentence, or another criminal decision in the Court of Appeal. It can also apply to a respondent in a Crown appeal who cannot afford a lawyer. In many cases, people first apply to legal aid. If legal aid turns you down, or if legal aid is not available for the step you face, you can ask the Court of Appeal to assign counsel. The court can assign counsel for the appeal or for leave to appeal.

Typical users include people in custody who cannot contact many lawyers, self-represented appellants whose first language is not English, and people with limited education or mental health conditions that make self-representation difficult. It also includes people who can explain an arguable appeal issue but cannot manage the appeal procedure, transcripts, and legal research on their own.

You need this form to give the court clear, sworn facts. The judges will not rely on bare statements or hearsay. The affidavit ties your request to facts under oath, such as your income, debts, dependents, and the steps you took to find counsel. It also gives the court a brief picture of your appeal issues and why a lawyer matters. Without a solid affidavit, your motion may fail even if your case warrants counsel.

Typical usage looks like this. You file your Notice of Appeal. You then prepare a motion asking for assignment of counsel and file this affidavit with exhibits. You serve the Crown. The court sets a date or decides on the written record. If the court grants your request, it appoints a lawyer and gives directions about transcripts, timelines, and next steps.

When Would You Use an Affidavit On Motion for The Assignment of Counsel?

You use this affidavit when you want the Court of Appeal to appoint a lawyer for your appeal, but you do not have the means to hire one. The timing often comes early in the appeal, soon after filing your Notice of Appeal. An early appointment helps the record and grounds of appeal take shape. It also helps you meet deadlines for transcripts and factums.

Imagine you were convicted in the Supreme Court and sentenced to jail. You file a Notice of Appeal from your cell. You ask for legal aid for a lawyer but receive a refusal. You cannot pay a retainer. You also cannot access caselaw or manage transcripts on your own. You file a motion asking the Court of Appeal to assign counsel and attach your affidavit. Your affidavit explains your finances, your attempts to retain private counsel, and why a lawyer is necessary.

You might also use this affidavit at the leave stage. Some appeals need leave before the court hears them. If you need to leave and cannot prepare the leave application alone, you can ask for assigned counsel for the leave application itself. Your affidavit explains that narrow point, so the court can consider the appointment for that limited step.

A respondent may use this affidavit as well. If the Crown appeals your sentence, you may not be able to defend the appeal without a lawyer. If you cannot afford counsel, you ask the court to assign one. Your affidavit will show that you tried legal aid or private counsel, your current means, and why legal help matters.

You may also use this affidavit after you lose legal aid mid-appeal. For example, legal aid coverage may end after a conviction appeal is dismissed, but the Crown seeks leave to appeal the sentence. You can ask the Court of Appeal to assign counsel for that discrete step, with an affidavit explaining the gap and the need.

Finally, you might use it if you face barriers that make self-representation unrealistic. Those barriers could be language, literacy, mental health, cognitive limitations, or incarceration conditions. Your affidavit can include brief, respectful facts about those barriers. You attach any available reports or letters as exhibits. The court looks at these facts when it decides if the interests of justice require a lawyer.

Legal Characteristics of the Affidavit On Motion for The Assignment of Counsel

This affidavit is a sworn or affirmed statement of fact. It is legally binding in the sense that you swear the truth of its contents before a commissioner for oaths, a notary public, a justice of the peace, or a lawyer who can take oaths. If you lie, you risk penalties for perjury. Because it is sworn evidence, the court can rely on it to decide your motion.

The court needs evidence to assess two things: first, whether you lack the means to obtain counsel. Second, whether the interests of justice require counsel for your appeal. Your affidavit addresses both. It explains your finances in detail and shows your efforts to retain a lawyer. It also explains why counsel is needed, such as complex grounds, a long trial record, credibility issues, or a significant sentence.

Enforceability rests in the court’s order on your motion. If the court assigns counsel, that order directs the appointment, often at public expense. The order can set limits. It can assign counsel for part of the appeal, such as the leave application, or for the full appeal. It can also give directions on transcripts, deadlines, and communication with the registry. The court can vary or rescind the order if circumstances change.

Your affidavit must follow basic rules of evidence. Stick to facts you know. If you include information based on belief, identify the source. Use exhibits for documents that support your points, like bank statements, legal aid correspondence, or letters from lawyers you contacted. Number your paragraphs. Refer to each exhibit in the paragraph that explains it. Each exhibit should be marked and sworn to by the commissioner, so the record is clear.

Confidentiality is a consideration. You will include personal financial data. You may include health information. The court prefers open courts, but will consider a sealing order if necessary. If you need a seal on private details, say so in your motion and explain why. You can also redact sensitive identifiers, such as your full account numbers, if the redaction still shows the point you need to prove.

Filing and service also matter. You must file the affidavit in the registry and serve it on the other party. In a criminal appeal, that is usually the Crown. Service timelines and formats come from the Court of Appeal’s rules and practice directions. If you are in custody, the institution can often help with mail service. If you cannot meet a deadline, you can ask for an extension with reasons, but do not assume it will be granted.

How to Fill Out an Affidavit On Motion for The Assignment of Counsel

Start by planning what you need to prove. You need to show that you cannot afford a lawyer and that your appeal needs one to be fair. Then build the affidavit around those two points, one careful step at a time.

Identify the Court and the Case

Open with the court’s name: Prince Edward Island Court of Appeal. Use the correct style of cause from your Notice of Appeal. For a criminal matter, that might read “R. v. [Your Surname].” Include the appeal file number if you have it. Use the title “Affidavit of [Your Full Name] on Motion for the Assignment of Counsel.” Add the judicial centre if asked, usually Charlottetown.

Introduce Yourself

In the first numbered paragraph, state your full legal name. Add your address for service. If you are in custody, give the institution name and your inmate number. Include a phone number and an email if you have one. If you use someone else’s email, say that and why, so the court knows how to reach you.

Explain the Status of the Appeal

Set out what you are appealing. Say if it is a conviction, a sentence, or both. Include the date of the decision and the trial judge’s name if you know it. State when you filed your Notice of Appeal. If you also need leave to appeal, say so. If deadlines are running, explain that you need counsel to meet them.

Describe the Order You Seek

In a short paragraph, say what you want. For example: “I ask the Court to assign counsel for my appeal at public expense. If leave is required, I ask for assigned counsel for the leave application as well.”

Detail Your Efforts to Retain Counsel

This section shows that you tried and failed to hire a lawyer. List the lawyers you contacted, when you contacted them, and what they said. If they refused due to fees or conflict, say so. If you received fee quotes, include them. Attach any email exchanges as exhibits. If you applied to legal aid, state the application date and the decision. Attach the decision letter as an exhibit. If legal aid is pending, attach proof and explain the timeline. If legal aid offered partial coverage, explain what is covered and what is not.

Lay Out Your Financial Situation

This is the heart of the “means” question. Provide clear numbers:

• Your income. Include employment income, benefits, pensions, or other income. If you are incarcerated, say you have no income other than small institutional earnings, if any.

• Your assets. List bank balances, vehicles, real property, and savings. If you own nothing, say so. If you have a car with a loan, state the value and the loan balance.

• Your debts. List rent arrears, loans, credit cards, fines, child support, and other obligations.

• Your dependents. State how many dependents you support and their ages.

• Your monthly expenses. Give basic costs like rent, food, utilities, and transportation. If you are in custody, explain any costs you still carry on the outside.

Attach bank statements, pay stubs, tax slips, and loan statements if you have them. Redact sensitive account numbers except for the last four digits. Use exhibits and refer to them by letter in the body. Explain any unusual items in your records, so the court does not guess.

Explain Why Counsel Is Needed for a Fair Appeal

Focus on the “interests of justice.” Point to specific reasons your appeal requires a lawyer:

• Complexity of issues. For example, mixed questions of law and fact, complex jury instructions, or Charter issues.

• Size of the record. If the trial took many days, say how long and how many witnesses testified.

• Your ability to self-represent. Suppose you have limited education, literacy issues, or language barriers; state that respectfully. If you have a mental health diagnosis that affects your ability to organize and argue, say so and attach a letter if you can.

• Incarceration limits. Say if you have limited library access or limited time on phones or computers. Explain how those limits prevent you from preparing transcripts or a factum.

• Importance of the appeal. If the sentence is significant, or the appeal may affect your liberty or status, state that clearly.

Do not argue the entire appeal here. Give enough detail to show the issues are arguable and not frivolous, and that a lawyer would assist the court.

Summarize Your Appeal Issues

Provide a short summary of your grounds. Use plain language. For example: “The trial judge admitted my statement without a proper voir dire.” Or: “The sentence does not reflect my limited role.” If you have a draft Notice of Appeal or grounds, attach it as an exhibit. If transcripts are not ready, say that and explain what portions you expect to need.

Identify Proposed Counsel, if Any

If a lawyer has agreed to act if appointed, name the lawyer and firm. Attach a letter from the lawyer confirming willingness to accept the appointment if the court grants it. If you do not have proposed counsel, say you ask the court to assign a lawyer. The court can choose counsel from lawyers who accept appellate assignments.

Address Transcripts and Timelines

Say what transcripts exist and what is still needed. If you cannot fund transcripts, say so. Ask the court for directions on transcript preparation if needed. If deadlines are approaching, explain them and how the absence of counsel affects your ability to meet them.

List and Attach Exhibits Properly

Each document you rely on should be an exhibit. Use a simple system: Exhibit “A,” “B,” “C,” and so on. Common exhibits include:

• Legal aid application and decision.

• Letters or emails from lawyers you contacted.

• Bank statements and pay stubs.

• The Notice of Appeal and sentencing order.

• Any relevant medical or assessment letters.

On each exhibit, the commissioner will mark an exhibit stamp or statement identifying it as an exhibit to your affidavit. In the affidavit, refer to each exhibit at the point where you discuss it, for example: “A copy of my legal aid refusal letter dated [date] is attached as Exhibit ‘A’.”

Include Service and Contact Information

The other party must receive your motion and affidavit. State the address or email you will use for service on the other party. In a criminal appeal, identify the Crown office that handles appeals. If you are in custody, say how you will serve the materials, such as by institutional mail. If someone else will serve for you, make sure they understand how to complete proof of service.

Request Any Confidentiality Orders, if Needed

If your affidavit contains sensitive health or private financial details, decide if you need a sealing order. If you seek one, add a short paragraph explaining why, and include that request in your notice of motion. Keep it narrow. Ask only to seal what is truly sensitive.

Swear or Affirm the Affidavit

Do not sign the affidavit until you swear or affirm it before a commissioner for oaths, a notary public, a justice of the peace, or a lawyer who can take oaths. Bring government ID. The commissioner will confirm your identity, ask you to swear or affirm, and watch you sign. They will sign, date, and stamp the affidavit and exhibits. Initial each page. Make sure the jurat (the commissioner’s statement at the end) is complete and legible.

File and Serve the Affidavit

File the original affidavit and exhibits with the Court of Appeal registry. Keep copies for yourself. Serve the other party. If you are in custody, use the institution’s process for outgoing legal mail and keep proof. If the court sets a return date for the motion, calendar it. Watch for any directions from the court on how the motion will proceed.

Prepare for the Motion Hearing

The court may decide the motion in writing or hold a short hearing. If there is a hearing, be ready to answer simple questions about your finances, your efforts to find a lawyer, and your appeal issues. Bring copies of all filed materials. Be ready to suggest a practical next step, such as directing transcripts and setting a schedule if counsel is assigned.

Keep Your Affidavit Focused and Clear

Use short sentences and plain language. Stick to facts. Avoid argument or speculation. Organize your paragraphs logically. Start with your identity and the appeal. Move to efforts to retain counsel. Then cover your finances. Then explain why counsel is required. Finish with exhibits and any specific requests.

Avoid Common Mistakes

Do not forget to include the style of cause and the court file number. Do not leave out legal aid documents or proof of efforts to hire counsel. Do not state numbers without exhibits if you can avoid it. Do not include long arguments or case law. Do not sign before a commissioner. Do not miss the service on the other party.

Update If Circumstances Change

If your finances change, or if legal aid later approves you, tell the court. If you hire counsel privately after filing the motion, notify the registry and the Crown. If you receive new documents relevant to your motion, file a short supplementary affidavit explaining the update and attach the new exhibits.

What Happens After Filing

The Crown may file a responding brief or tell the court it takes no position. The court may grant, deny, or tailor the order. If the court assigns counsel, you or the registry will contact the appointed lawyer. Expect the court to set timelines for transcripts and factums. If the court denies the motion, you may reapply if your situation changes or new information arises.

A careful, honest affidavit gives the court what it needs to decide your motion. You show limited means, real efforts to find counsel, and a concrete need for legal help. That is how you meet the test and give your appeal a fair start.

Legal Terms You Might Encounter

• Affidavit: An affidavit is a written statement of facts you swear or affirm are true. This form is your affidavit for a motion asking the court to assign a lawyer. You must sign it in front of an authorized official.
• Deponent: The deponent is the person who swears or affirms the affidavit. You are the deponent here. You must have personal knowledge of what you state, unless you clearly say otherwise.
• Commissioner for Oaths or Notary: This is the official who takes your oath or affirmation and signs the jurat. The jurat is the part that says when and where you swore or affirmed. Your affidavit is invalid if you do not swear or affirm it properly.
• Motion: A motion is a formal request for a court order. Your affidavit supports your motion asking the court to assign counsel. The judge reads your affidavit to decide the motion.
• Assignment of Counsel: Assignment of counsel means the court appoints a lawyer for you for the appeal. You must explain why you need a lawyer and cannot afford one. You must also explain why a lawyer would help the appeal process.
• Financial Disclosure: Financial disclosure is the details you give about your income, assets, debts, and expenses. The court uses this to assess your ability to pay for a lawyer. Your affidavit must include enough financial proof to support your request.
• Exhibits: Exhibits are documents attached to your affidavit. They support the facts you swear to. Label each exhibit clearly. The commissioner must mark and initial each exhibit.
• Service: Service is how you deliver court documents to the other side. Your affidavit may need to be served with your motion materials. Keep proof of service. The court may refuse to hear your motion without it.
• Filing: Filing is submitting your documents to the court registry. The registry stamps your documents and enters them in the court file. Your affidavit forms part of your motion record.
• Style of Cause and Court File Number: The style of cause is the case title, listing you and the other party. The court file number identifies your appeal. Your affidavit must show the exact style of cause and the correct file number.

FAQs

Do you need to swear the affidavit in front of a specific official?

Yes. You must swear or affirm it before a commissioner for oaths, a notary, or another authorized person. Do not sign the affidavit until you are in front of that official. Bring identification.

Do you need to attach proof of your finances?

Yes. Attach documents that back up your numbers. Include recent pay stubs, benefits statements, bank statements, rent or mortgage documents, and debt statements. If you have no income, explain how you meet basic needs.

Do you need to explain your appeal in the affidavit?

Yes, but keep it brief and factual. State what you are appealing and the stage of the appeal. Explain why a lawyer would assist the court. Do not argue the full appeal here. Save the detailed argument for the appeal itself.

Can you apply if you have already asked a public legal assistance program and were refused?

Yes. Include the decision letter as an exhibit. Explain why that program did not cover your case. The court considers your full situation, including failed attempts to get a lawyer.

Do you need the transcript before filing this affidavit?

Not always. Explain the transcript status. Say if you ordered it, cannot afford it, or need help ordering it. The judge wants to understand the realistic next steps if counsel is assigned.

Can you file the affidavit electronically?

Ask the registry how to file. Some filings allow email or an electronic portal. Others require in‑person or courier delivery. Follow the registry’s instructions. Keep a copy of any electronic confirmation.

Do you have to serve the other party with your affidavit?

Usually, yes. You must serve your motion materials on the respondent. Attach proof of service when you file. If you seek urgent relief, ask the registry about timing and method of service.

What happens if the court denies your motion?

You still control your appeal. You can continue self‑represented. You can renew your request if your situation changes. You can seek help from duty counsel or advice clinics, if available. Track all appeal deadlines.

Checklist: Before, During, and After the Affidavit On Motion for The Assignment of Counsel

Before signing

Confirm the correct court:

• Court of Appeal.
• Confirm the correct style of cause and file number.
• Gather ID for commissioning.

Collect financial proof:

• Last three months of bank statements.
• Pay stubs or benefits statements.
• Tax information, if available.
• Rent, mortgage, and utility bills.
• Loan, credit card, and other debt statements.
• Proof of dependants or support obligations.

Collect appeal details:

• Judgment or order under appeal.
• Notice of appeal and date filed.
• Transcript status and any invoices.

Collect prior efforts to get a lawyer:

• Decision letter from a public assistance program.
• Emails with lawyers and fee quotes, if any.
• Retainer requests you cannot pay.

Draft a short explanation of why counsel is needed:

• Complexity of the issues.
• Language or health barriers.
• Detention or distance barriers.
• Need for transcript or legal research.
• Plan exhibits and label them in order (A, B, C, etc.).
• Book an appointment with a commissioner or notary.

During signing

• Verify your name, address, phone, and email.
• Verify the style of the cause and file number match your appeal.
• Review each paragraph for accuracy and clarity.
• Remove argument and keep to facts.
• Check that dates and amounts are consistent with exhibits.
• Number every page.
• Initial any handwritten edits with the commissioner.
• Ensure each exhibit is stamped or marked and initialled.
• Swear or affirm the affidavit in front of the commissioner.
• Confirm the jurat shows the correct date and location.
• Sign in blue or black ink as directed.
• Ask for a commissioned copy for your records.

After signing

• Make a clean copy of the final commissioned affidavit.
• Assemble your motion materials as required by the registry.
• Serve the respondent with your motion materials.
• Prepare and keep proof of service.
• File the affidavit and motion materials with the registry.
• Ask the registry how to book a hearing date.
• Calendar the hearing date and any confirmation deadlines.
• Keep all originals and receipts in one folder.
• Monitor email and voicemail for court updates.
• Notify the court if your contact details change.

Common Mistakes to Avoid Affidavit On Motion for The Assignment of Counsel

• Leaving out financial details

If you omit bank statements or debt proof, the court may doubt your need. The motion can be delayed or refused. Don’t forget to attach recent statements and explain any cash income.

• Mixing argument with facts

An affidavit must state facts, not legal arguments. If you argue the law, the judge may give your affidavit less weight. Keep opinions out. Focus on what happened and what you can show.

• Unsworn or improperly commissioned affidavit

If you sign without an authorized official, the court cannot accept it. Your motion may be struck from the list. Don’t forget to swear or affirm in front of a commissioner and check the jurat.

• Wrong or missing exhibits

If exhibits are unmarked, out of order, or missing, you weaken your request. The judge may not find key proof. Don’t forget to label each exhibit and refer to it in your affidavit.

• Service errors

If you do not serve the respondent, the court may not hear your motion. This causes adjournments and delay. Don’t forget to serve on time and keep proof of service.

What to Do After Filling Out the Form Affidavit On Motion for The Assignment of Counsel

File your motion materials

• Assemble your notice of motion, this affidavit, and exhibits.
• Include any required cover pages or indices.
• Ask the registry about filing methods and deadlines.
• Inquire about filing fees and fee waivers, if applicable.
• File well before the intended hearing date.

Serve the other party

• Serve the respondent with your full motion package.
• Use a method the court accepts.
• Note the date, time, and method of service.
• Prepare an affidavit of service or a receipt as proof.
• File proof of service with the registry if needed.

Book the hearing

• Ask the registry how to schedule the motion.
• Confirm if the motion is on the written record or oral.
• Check if you must file a confirmation form.
• Calendar any filing cut‑offs before the hearing.

Prepare for the hearing

• Bring two copies of your materials to the hearing.
• Prepare a short outline of your key points:
• Why you cannot afford a lawyer.
• Why counsel would assist the court on your appeal.
• The steps you have taken to get help.
• Transcript status and next steps if counsel is assigned.
• Be ready to answer questions about your finances.
• Be respectful and direct. Keep answers short and factual.

If the court assigns counsel

• Wait for the appointment order and contact details.
• Contact assigned counsel promptly.
• Share all appeal documents and deadlines.
• Follow counsel’s instructions on transcripts and filings.
• Update counsel on any change in your finances or contact details.

If the court denies the motion

• Ask the registry how to obtain the order.
• Note any reasons given by the judge.
• Decide whether to renew the request if circumstances change.
• Continue with your appeal on time.
• Seek limited‑scope advice where available.

If you need to correct or update your affidavit

• Prepare a supplementary affidavit with new facts or documents.
• Swear or affirm it and file it as soon as possible.
• Serve the respondent with the update.
• Tell the registry if the update affects scheduling.

Keep records organized

• Keep a master set of everything you filed and served.
• Store proof of service and filing confirmations.
• Keep financial documents current in case of review.
• Back up digital copies in a secure folder.

Mind deadlines and communications

• Track appeal deadlines separately from the motion.
• Respond quickly to court emails and calls.
• Tell the court and respondent if your contact details change.
• If you cannot attend, ask the registry about options early.

Protect privacy while proving need

• Include only what proves your finances.
• Black out account numbers except the last few digits.
• Do not include unrelated personal documents.
• Ask the registry about confidentiality for sensitive exhibits.