Court of Appeal for Ontario

Date: 2017-10-03 Docket: C59502

Judges: Pepall, van Rensburg and Fairburn JJ.A.

Between

Her Majesty the Queen Respondent

and

Gay Overland Appellant

Counsel

Gay Overland, acting in person

Peter Fraser, for the respondent

Heard and released orally: October 3, 2017

On appeal from: the conviction entered on July 25, 2014 and the sentence imposed on October 8, 2014 by Justice E. Gareau of the Ontario Superior Court, sitting without a jury.

Reasons for Decision

[1] The sole issue on the conviction appeal is ineffective assistance of trial counsel. The appellant has a number of complaints: that she did not receive the Crown's disclosure consisting of recordings of her conversation with the undercover agent; that her lawyer did not communicate with her, except to tell her of court dates; that he did not advance her defence, including by calling witnesses that she thought would assist; and that he promised her that she would be acquitted.

[2] The record does not support these assertions and, in some instances, directly contradicts them. The appellant was provided with electronic versions of transcripts and voice recordings. The communications between the appellant and her counsel are voluminous and include notes and letters confirming consultations and discussions about witnesses and trial strategy, as well as the strength of the Crown's case.

[3] Counsel was clearly aware of and advanced the defence the appellant wished to advance: that she had not set the fires and that her admissions in the recorded conversations were a form of "play-acting".

[4] We see no deficiency in the trial counsel's representation of the appellant and there was no miscarriage of justice in this case.

[5] The conviction appeal is dismissed.

[6] As for the appellant's sentence appeal, leave is granted but the appeal is dismissed. The appellant has served her sentence and we see no basis to interfere with the restitution order.

"S.E. Pepall J.A."

"K. van Rensburg J.A."

"Fairburn J.A."