Canada Case Law

R. v. Dancho

Court

British Columbia Court of Appeal

The Court held the summary conviction appeal judge applied the correct legal standards: ICBC DPP/penalty points alone are generally not a legally relevant collateral consequence sufficient to render a plea uninformed absent other factors; the appellant failed to show subjective prejudice or adequately explain the delay; the proposed fresh evidence did not meet Palmer's fourth branch and would not have affected the outcome; accordingly the extension of time was properly denied and the appeal dismissed.

Source excerpt

• Guilty plea validity
• Collateral consequences
• Extension of time to appeal
• Fresh evidence (palmer)
• Icbc driver penalty point premium (dpp)

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R. v. Chen

Court

British Columbia Court of Appeal

Leave to appeal dismissed because the proposed grounds do not raise an issue of general importance and have no reasonable possibility of success; the summary conviction appeal judge correctly applied the law that demerit points and independent rideshare employer policies are not legally relevant collateral consequences in these circumstances, and the appellant was aware penalty points would be imposed.

Source excerpt

• Guilty plea validity
• Collateral consequences
• Demerit points
• Gig economy
• Leave to appeal
• Summary conviction appeal

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R. v. Morgan

Court

Supreme Court of British Columbia

The court accepted the joint submission and imposed one day in custody because, on the particular facts, the aggravating nature of the offence was outweighed by significant mitigating and collateral factors: the offender's long custodial sentence in Colorado, the detainer's negative effect on parole (causal connection), lengthy delay and resulting evidentiary issues, the guilty plea, rehabilitation efforts, and the application of the totality principle; the court found these circumstances justified accepting a joint submission that would otherwise appear lenient for a brutal weaponized mansla…

Source excerpt

• Manslaughter
• Joint submission on sentence
• Delay/limitation
• Totality principle
• Collateral consequences
• Dna order

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R. v. Chen

Court

Supreme Court of British Columbia

An appeal from a traffic conviction was dismissed after the court held that demerit points and private rideshare policies were not legally relevant collateral consequences.

• Guilty plea validity
• Collateral consequences
• Demerit points
• Appeal and miscarriage of justice
• Self‑represented litigant
• Guilty-plea-validity

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R. v. D.B.

Court

Court of Appeal for Ontario

The trial judge committed errors in principle by failing to meaningfully consider the collateral consequences of incarceration on the appellant's family and by relying on unproven social media allegations without affording procedural protections; those errors materially affected the sentence and justify substituting the four-year sentence with a three-year term accounting for collateral consequences and procedural fairness.

Source excerpt

• Collateral consequences
• Denunciation and deterrence
• Gardiner hearing
• Youthful offender
• Publication ban

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R. v. Dancho

Court

British Columbia Court of Appeal

The Court of Appeal granted leave to appeal a refusal to extend time to appeal a guilty plea, finding arguable legal errors in the summary conviction appeal judge’s analysis.

• Extension of time
• Guilty plea withdrawal
• Collateral consequences
• Access to justice
• Procedural fairness
• Leave to appeal

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R. v. Cole

Court

Court of Appeal for Ontario

Extension of time to file a notice of appeal is granted because the appellant formed a timely intention to appeal upon learning of the indefinite HTA suspension, he has arguable grounds that his plea was uninformed due to unawareness of the automatic lifetime suspension, there is no evidence of deliberate delay and the balance of prejudice favors the appellant given lack of alternate recourse to reduce an HTA-imposed lifetime suspension and absence of demonstrated unfair prejudice to the Crown.

Source excerpt

• Guilty plea validity
• Collateral consequences
• Driving licence suspension
• Extension of time
• Informed plea
• Prejudice

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R. v. M.S.

Court

British Columbia Court of Appeal

The British Columbia Court of Appeal dismissed an appeal against sentence in a domestic threat case, holding the judge’s brief reasons were legally sufficient.

• Discharge vs suspended sentence
• Sufficiency of reasons
• Collateral consequences
• General deterrence
• Sentencing-appeal
• Uttering-threat

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R. v. Porcher

Court

Supreme Court of British Columbia

Sentencing for sexual interference of a 14-year-old youth in care: two years less a day, with 1.5:1 pre-sentence credit, three years' probation, and ancillary orders.

• Sexual interference
• Sexual assault
• Sentencing principles
• Pre-sentence custody credit
• Collateral consequences
• Ancillary orders (dna, soira, weapons prohibition, s.161)

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R. v. Sheepway

Court

Yukon Court of Appeal

The Yukon Court of Appeal held that harsh pre-sentencing custody can be considered when setting parole ineligibility above 10 years for second degree murder.

• Parole ineligibility
• Pre-sentencing custody
• Mitigating factors
• Life sentence
• Collateral consequences
• S.745.4 interpretation

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