2 total
The Court of Appeal declined jurisdiction to hear a contested bail application pending retrial, transferring it to the Superior Court.
The Court of Appeal for Ontario declined jurisdiction to hear Dwayne Gordon’s application for judicial release pending retrial on human trafficking charges, following the setting aside of his convictions.
The court found that the Superior Court of Justice was better suited to conduct the contested bail hearing, particularly given the Crown’s desire to cross-examine the proposed surety.
The decision clarifies the exclusive and concurrent jurisdiction of the appellate and trial courts regarding bail release after an order for a new trial, and the circumstances in which the appellate court will exercise its jurisdiction.
The Court of Appeal set aside a guilty plea because the accused was misinformed by counsel about the length of the custodial sentence.
The Court of Appeal for Ontario allowed Dwayne Gordon’s appeal from his guilty plea to human trafficking-related offences, finding that the plea was uninformed.
Gordon believed, based on his counsel’s assurances, that the plea judge would impose no more than six additional months in custody, but was instead sentenced to two-and-a-half years.
The court held that this misunderstanding constituted a serious unknown legal consequence and that Gordon would not have pleaded guilty had he known the true risk.
The plea was set aside and a new trial ordered.
