R. v. Asfaw (M.T.), (1996) 8 O.T.C. 276 (GD)

• Judge: Sedgwick, J.
• Court: Ontario Court of Justice General Division (Canada)
• Case Date: May 31, 1996
• Jurisdiction: Ontario
• Citations: (1996), 8 O.T.C. 276 (GD)

R. v. Asfaw (M.T.) (1996), 8 O.T.C. 276 (GD)

MLB headnote and full text

Mekonen T. Asfaw (appellant) v. Her Majesty the Queen (respondent)

(95-M170830)

Indexed As: R. v. Asfaw (M.T.)

Ontario Court of Justice

General Division

Sedgwick, J.

May 31, 1996.

Summary:

Asfaw, a taxi driver, pleaded guilty to speeding. He was fined $300 and his driver's license was suspended for 30 days. Asfaw had appeared at trial without a lawyer and was not advised of his right to retain, consult and instruct counsel or of the availability of legal aid or that he could have an interpreter. Asfaw appealed. He alleged that he did not fully appreciate the nature of the charge or the consequences flowing from his guilty plea. He alleged that his Charter rights to counsel and an interpreter (ss. 10(b) and 14) were infringed.

The Ontario Court (General Division) dismissed the appeal.

Civil Rights - Topic 2803

Language - Assistance of an interpreter - In criminal proceedings - See paragraph 9.

Civil Rights - Topic 4609

Right to counsel - Duty of judge or authority to notify accused or explain right to counsel - See paragraphs 10 to 17.

Criminal Law - Topic 4233

Procedure - Pleas - Guilty plea - Expungement or setting aside - See paragraphs 1 to 17.

Cases Noticed:

R. v. Tran (Q.D.) (1994), 170 N.R. 81; 133 N.S.R.(2d) 81; 380 A.P.R. 81; 92 C.C.C.(3d) 218 (S.C.C.), refd to. [para. 9].

R. v. McGibbon (1988), 31 O.A.C. 10; 45 C.C.C.(3d) 334 (C.A.), refd to. [para. 12].

R. v. Hiller (1990), 66 Man.R.(2d) 174; 58 C.C.C.(3d) 16 (C.A.), refd to. [para. 12].

R. v. B.C.H. - see R. v. Hiller.

R. v. Hardy (1990), 111 A.R. 377; 62 C.C.C.(3d) 28 (Q.B.), refd to. [para. 12].

R. v. R.T. (1992), 58 O.A.C. 81; 10 O.R.(3d) 514 (C.A.), refd to. [para. 13].

R. v. Read (L.G.) (1994), 47 B.C.A.C. 28; 76 W.A.C. 28 (C.A.), refd to. [para. 13].

R. v. Adgey (1973), 13 C.C.C.(2d) 177 (S.C.C.), refd to. [para. 13].

Counsel:

Mekonen T. Asfaw, in person;

Keith Ward, for the Crown.

This appeal was heard by Sedgwick, J., of the Ontario Court (General Division), who delivered the following decision on May 31, 1996.