The accused, a United States citizen, sought leave to plead guilty and be sentenced through designated counsel pursuant to section 650.01(3)(c) of the Criminal Code, without physically returning to Canada.
The accused was charged with multiple offences related to a loaded firearm found in his vehicle at the Ambassador Bridge.
The Crown opposed the application.
The court dismissed the application, finding that while section 650.01 provides discretion to allow designated counsel to appear for guilty pleas and sentencing, the serious nature of the offences, the possibility of a penitentiary sentence, and the necessity of an in-person plea inquiry to prevent miscarriage of justice outweighed the accused's claimed hardships of health issues, financial difficulty, and travel distance.
