Question juridique clé
Whether refusal of legal aid was lawful because the recusal request was allegedly hopeless
Solution extraite
No. In light of the Federal Court's parallel ruling that the judge was disqualified, the recusal request could not be considered devoid of chances of success.
Motifs extraits
A request is not hopeless when a related decision establishes a serious appearance of bias. Refusing legal aid solely on hopelessness therefore violated Art. 29(3) of the Constitution.