After dismissing 3rd legal aid lawyer, man accused of murder in Yellowknife must appeal for another

After dismissing three publicly-funded lawyers, a man accused of second-degree murder in Yellowknife will have to appeal to Legal Aid before he gets another.

Devon Larabie was charged in connection with the death of 22-year-old Breanna Menacho in Yellowknife in May of 2020.

Larabie's trial was set to begin Sept. 26, but was postponed after he fired his third lawyer, Scott Cowan, last week.

In Northwest Territories Supreme Court on Tuesday, legal aid lawyer Peter Adourian said legal aid's policy is not to assign a third lawyer. Though Larabie did get a third lawyer, he was told in writing that Cowan would be his last.

Now, Larabie has 30 days to appeal for further coverage under legal aid. 

Larabie told Justice John Vertes that he plans to appeal, but that his case manager isn't available to help him with this until next week. 

"I wouldn't be in this position if I had lawyers doing what I've been telling them I want to happen. If they were just following my instructions, I would be ready to proceed," said Larabie.

He added that he was born with fetal alcohol spectrum disorder, and that "I don't understand things, even if I say I do. I don't understand them the way I'm supposed to, but I understand in my own way sometimes."

Adourian said legal aid hopes to convene a panel to hear the appeal as early as next week. If the appeal is successful, legal aid will assign Larabie a new lawyer.

Vertes said if Larabie is denied legal aid assistance, he can make what's called a Rowbotham application and ask the court to appoint him a lawyer. 

'Very few' N.W.T. lawyers could take on Larabie's case

Vertes asked Adourian whether any of the territory's legal aid lawyers were willing to represent Larabie. 

Adourian said there were "very few" lawyers in the N.W.T. who were able and available to take on Larabie's case.

Vertes said that, should the court appoint a lawyer for Larabie under Rowbotham conditions, the lawyer could come from outside the territory and apply to become a member of the N.W.T. bar.

The court also raised the possibility of appointing an amicus curiae— or "friend of the court" — to appear with Larabie to ensure that all relevant points in his case are represented.

Vertes noted that an amicus curiae isn't a substitute for a defence lawyer who would have control over strategy and arguments. Also, without defence counsel, the court would have to look at whether Larabie, representing himself, could cross-examine witnesses.

The deadline for Larabie to file an appeal is Oct. 22. 

The judge didn't set another court date. 

"The critical step is to get an appeal into legal aid within the time limit," said Vertes.

"The clock is ticking on this case."