Court of Appeal for Ontario

Date: 2019-04-10 Docket: C66148

Judges: Feldman, Benotto and Brown JJ.A.

Between

Her Majesty the Queen Respondent

and

Gaston Cadieux Appellant

Mr. Cadieux did not appear

Delmar Doucette, duty counsel

Jessica Legrand, for the respondent

Heard and released orally: April 10, 2019

On appeal from the conviction entered on July 4, 2018 and the sentence imposed on July 4, 2018 by Justice Rommel Masse of the Ontario Court of Justice.

Appeal Book Endorsement

[1] Mr. Cadieux was not given his election on an indictable offence charge and pled guilty. The Crown asks that the verdict be set aside and a new trial ordered. So ordered.

[2] The appeal is allowed, the guilty plea and verdict are set aside and a new trial is ordered on the charge of cultivation of marijuana, under s. 7(1) of the Controlled Drugs and Substances Act, S.C. 1996, c. 19.