Client had plead guilty to impaired driving in provincial court (had also been charged with refusing a breath sample and resisting arrest which were withdrawn when the guilty plea was entered). Client had other counsel at the time who had worked out a resolution deal with the crown. That counsel did not attend at the time of plea and sentencing. Client appealed on the basis that he did not fully understood the consequences of the guilty plea. Crown ultimately consented to the appeal and agreed to a guilty plea to the lesser offence of careless driving under the Traffic Safety Act.
July 2, 2011