Court File and Parties

COURT OF APPEAL FOR ONTARIO DATE: 20220614 DOCKET: C69245

Fairburn A.C.J.O., MacPherson and Harvison Young JJ.A.

BETWEEN

Her Majesty the Queen Respondent

and

Marjorie Kieferle Appellant

Erin Dann, appearing as amicus curiae Nicole Rivers, for the respondent

Heard and released orally: June 6, 2022

On appeal from the conviction entered by Justice Timothy R. Lipson of the Ontario Court of Justice, dated February 21, 2020, and from the sentence imposed on February 21, 2020.

Reasons for Decision

[1] This is an appeal from conviction for arson. The conviction arises from a guilty plea. The parties are agreed that the plea was uninformed. We accept this position as the appellant did not understand the implications of the guilty plea on her immigration status.

[2] The parties have come to a joint position in terms of remedy. The proposal is that the arson conviction be set aside and substituted with a conviction for mischief under $5,000.

[3] In light of the appellant’s circumstances, including her mental health challenges, we agree that the proposed disposition of this appeal will achieve what the parties originally intended.

[4] The appeal is dismissed, the arson conviction is set aside and a conviction for mischief under $5,000 is substituted in its place. The sentence will remain the same. The DNA order is set aside in light of the new conviction being entered.

[5] We thank counsel for their cooperation in this matter and their efforts in achieving a just outcome.

“Fairburn A.C.J.O.”

“J.C. MacPherson J.A.”

“A. Harvison Young J.A.”