A self-represented accused in custody sought to enter a guilty plea by telephone during the COVID-19 pandemic when the courthouse had extremely limited video link capacity to the detention centre.
The court held that the Criminal Code does not permit a self-represented accused to plead guilty by telephone.
The default requirement is physical presence, with the only exception being appearance by video.
The court rejected arguments that section 650(2)(b) could be used to permit telephone appearance or that the accused could waive the statutory requirement of presence.
The court emphasized sound policy reasons for requiring in-person or video appearance for guilty pleas, including the need to ensure voluntariness and the importance of the human element in sentencing.
