Court of Appeal for Ontario

CITATION: R. v. White, 2020 ONCA 518

DATE: 20200824

DOCKET: C68424

BEFORE: Roberts, Miller and Trotter JJ.A.

BETWEEN

Her Majesty the Queen Respondent

and

Maurice White Appellant

COUNSEL: Maurice White, acting in person Michael Fawcett, for the respondent

HEARD: in writing

On appeal from the sentence imposed by Justice Joe P.P. Fiorucci of the Ontario Court of Justice on June 17, 2020.

REASONS FOR DECISION

[1] The appellant pled guilty to one count of break and enter under ss. 348(1)(a) and 463 of the Criminal Code. He was sentenced to a short custodial sentence, followed by 12 months’ probation, and subject to various ancillary orders. His appeal is limited to the lifetime weapons prohibition order made under s. 109(2)(b) of the Code. He says that the order prevents him from hunting for food.

[2] The Crown concedes that the appeal should be allowed, and the s. 109 order set aside in the unique circumstances of this case.

[3] We agree that the Crown’s concession is reasonable. According to the agreed statement of facts that formed the basis for the appellant’s guilty plea, the appellant attempted the break and enter in an intoxicated confusion to speak to someone, with no intent to commit theft, and no weapons or violence against anyone were used. In these circumstances, the s. 109 order was not mandatory and can be set aside on consent.

[4] Accordingly, order to go setting aside on consent the s. 109(2)(b) order dated June 17, 2020. All other provisions of the appellant’s conviction and sentence remain unchanged.

“L.B. Roberts J.A.”

“B.W. Miller J.A.”

“Gary Trotter J.A.”