Court of Appeal for Ontario

Date: 2024-07-02 Docket: C70143

Huscroft, Dawe and Wilson JJ.A.

Between:

His Majesty the King Respondent

and

Ali Kariminazagheh Appellant

Counsel: Nader Fakih, for the appellant Allyson Ratsoy and Jessica Corbeil, for the respondent

Heard and released orally: June 28, 2024

On appeal from the conviction entered on November 23, 2021, by Justice Sally A. Gomery of the Superior Court of Justice.

Reasons for Decision

[1] The appellant entered a plea of guilty to one count of tax evasion and received a conditional sentence on a joint submission. He now appeals his conviction, seeking to have his plea struck on the basis that the judge who took it (“the sentencing judge”) did not conduct an adequate plea inquiry. Specifically, he objects that the sentencing judge did not inform him that if he pleaded guilty, he would be giving up his right to a trial at which the Crown would bear the burden of proof.

[2] We do not accept this argument. The appellant was before a different judge four days earlier, who specifically informed him that the matter would move forward to trial if he did not plead guilty. The judge advised him further:

A plea agreement is - you voluntarily agree to enter a plea; you’re not being compelled to do so. By pleading guilty, you give up your right to a trial on – on the offence charged. You agree to the underlying facts contained in the – whatever’s going to be read in to support the elements of the offence for which you are charged.

[3] We are satisfied that when the appellant entered his guilty plea before the sentencing judge four days later, he was fully aware that he would be giving up his right to a trial, and that he voluntarily chose to do so. The sentencing judge confirmed this with him.

[4] In these circumstances, we need not address the appellant’s further argument that the judge who heard his Charter application for a stay of proceedings based on pre-charge delay gave insufficient reasons for dismissing the application. By pleading guilty, the appellant was acknowledging his guilt, and giving up the right to challenge the validity of the application judge’s decision not to stay the proceedings.

[5] The appeal is accordingly dismissed.

"Grant Huscroft J.A."

"J. Dawe J.A."

"D.A. Wilson J.A."