Faisal Joseph

The defendant sought to strike a guilty plea to careless driving under the Highway Traffic Act.

The defendant had appeared unrepresented at a judicial pre-trial and entered a guilty plea without legal advice.

Subsequently, upon retaining counsel, the defendant moved to strike the plea.

The court found the plea was voluntary and unequivocal but determined it was not fully informed due to the complexity of the charge, the extensive disclosure (87 pages), the defendant's limited education (grade 10), and the absence of legal representation.

The court struck the guilty plea and ordered the matter to proceed to trial.

The appellant appealed his conviction and sentence, arguing that the police failed to provide him with a reasonable opportunity to exercise his right to counsel of choice.

The Court of Appeal dismissed the appeal, agreeing with the summary conviction appeal judge that the trial judge's reasons were exemplary and her finding was fully supported by the evidence.