The appellant, an Indigenous man, sought to withdraw his guilty pleas, arguing that the trial judge erred by not inquiring into the impact of his Indigenous experiences on the voluntariness of his plea, even though he had not raised this issue.
The Court of Appeal dismissed the appeal, holding that while judges have a duty to inquire into the validity of a plea if there are apparent indications of an issue, there is no general affirmative obligation to inquire into an Indigenous person's experiences affecting plea voluntariness unless specific circumstances trigger such a duty.
The court found no such circumstances in this case, and the evidence suggested the plea was voluntary.
