Court File and Parties

Court of Appeal for Ontario

Date: 20210922 Docket: C68384

Judges: Doherty, Gillese and Huscroft JJ.A.

Between:

Her Majesty the Queen Respondent

And:

Oral Coore Appellant

Counsel: Andrew Furgiuele, for the appellant Geoffrey Roy, for the respondent

Heard: In writing

On appeal from the conviction entered by Justice O’Donnell of the Ontario Court of Justice, dated October 3, 2018.

Reasons for Decision

[1] The Crown concedes the appeal must be allowed.

[2] The appellant pled guilty to possession of a narcotic for the purposes of trafficking. Unfortunately, trial counsel (not Mr. Furgiuele) unintentionally misled the appellant as to the immigration consequences of his guilty plea. Those consequences were of central importance to the appellant. The guilty plea cannot stand and must be set aside.

[3] The appeal is allowed, the guilty plea is set aside, the conviction is quashed, and a new trial is ordered.

"Doherty J.A."

"E.E. Gillese J.A."

"Grant Huscroft J.A."