2021 QCCA 1679, 2021 QCCA 1679
Opinion
Bains c. R. 2021 QCCA 1679 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-007464-207 (540-01-084628-182) DATE: November 10, 2021 CORAM: THE HONOURABLE MARTIN VAUCLAIR, J.A. GENEVIÈVE MARCOTTE, J.A. GUY COURNOYER, J.A. GURJINDER SINGH BAINS APPELLANT – Accused v.
HER MAJESTY THE QUEEN RESPONDENT – Prosecutor JUDGMENT [ 1 ] On September 23, 2020, before the Court of Québec, Criminal and Penal Division, district of Laval, the Appellant pleaded guilty to a criminal offence of impaired driving, only to learn, upon receiving a letter from the Ontario Ministry of Transportation two months later, the full legal consequences of his plea. [ 2 ] The Court granted the Appellant’s motion for leave to appeal and his motion to adduce fresh evidence in appeal. The Appellant, the other driver of the vehicle at the relevant time and his former defence counsel filed affidavits.
The Appellant and his former counsel were examined under oath. [ 3 ] Parties present a joint application for facilitation, waiving the right to a hearing and seeking the resolution of the appeal. [ 4 ] Parties agree that the Appellant was not aware of the legally relevant and sufficiently serious collateral consequences of his plea, namely that his driver’s licence would be suspended for a lifetime period, as a result.
Consequently, the parties ask the Court to grant the Appellant’s appeal, to quash the conviction based on his uninformed plea and to order a new trial. [ 5 ] Seeing the documentation submitted and after discussion with the parties, the Court agrees that the plea was uninformed and that a new trial is the proper resolution of the appeal. FOR THESE REASONS, THE COURT: [ 6 ] ALLOWS the appeal; [ 7 ] SETS ASIDE the guilty plea and the resulting conviction; [ 8 ] ORDERS a new trial. MARTIN VAUCLAIR, J.A. GENEVIÈVE MARCOTTE, J.A.
GUY COURNOYER, J.A Mtre Steven Slimovitch STEVEN SLIMOVITCH, AVOCAT For the Appellant Mtre Jean-Sébastien Bigras
DIRECTOR OF CRIMINAL AND PENAL PROSECUTIONS For the Respondent
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