I understand that the detainees» plight raises significant constitutional questions, but so too do the dozens
of cases involving indigent criminals arrested
on false warrants or deprived
of effective assistance of counsel or forced to confess.
Justice Campbell found that Mr. Shofman was denied the
effective assistance of counsel at his trial.13 Further, His Honour found that the ineffective
assistance of counsel prejudiced Mr. Shoffman because had the decision
on whether to testify been left to him, he would have elected to testify.14