L. Sossin J.A.

The appellant appealed his convictions for sexual offences against children, seeking to set aside his guilty pleas on the basis that they were involuntary.

He argued that he was under improper pressure to plead guilty after his adjournment request was denied following the withdrawal of his trial counsel.

The Court of Appeal for Ontario dismissed the appeal, holding that the appellant failed to overcome the strong presumption that guilty pleas made in open court are voluntary.

The court found that the emotional pressure of representing oneself or facing a longer sentence did not impair his ability to make a conscious, volitional choice.

The appellant challenged his jury convictions for historical sexual offences against his niece, arguing that the trial judge misdirected the jury on credibility, eyewitness identification, and recovered memory evidence, and also sought to file fresh evidence about juror conduct.

The Court of Appeal held that the jury charge, read as a whole, adequately explained the law and fairly addressed the defence concerns, including the frailties of the eyewitness evidence.

The court admitted the fresh evidence about a juror’s post-verdict Facebook message and the foreperson’s note, but found it did not establish a reasonable apprehension of bias.

The appeal was therefore dismissed.