R. v. Garnier (C.L.), [2015] A.R. TBEd. OC.051

• Judge: Groves, P.C.J.
• Court: Provincial Court of Alberta (Canada)
• Case Date: October 05, 2015
• Citations: [2015] A.R. TBEd. OC.051;2015 ABPC 195

R. v. Garnier (C.L.), [2015] A.R. TBEd. OC.051

MLB being edited

Currently being edited for A.R. - judgment temporarily in rough form.

Temp. Cite: [2015] A.R. TBEd. OC.051

Her Majesty the Queen v. Chantel Lynn Garnier (accused)

(130653678P1; 2015 ABPC 195)

Indexed As: R. v. Garnier (C.L.)

Alberta Provincial Court

Groves, P.C.J.

October 5, 2015.

Summary:

On June 6, 2013, Garnier was arrested for a theft that she committed at the Home Depot on May 21, 2013. The Loss Prevention Officer recognized Garnier when she returned to the Home Depot on June 6, 2013. The police were called, Garnier was arrested and, upon conducting a search incidental to arrest, Garnier was found with two packages of methamphetamine in her purse, one package weighing 55.5 grams and the second weighing .6 grams. She also had .2 grams of methamphetamine hidden on her person. In her wallet, police found two drivers' licenses in different names. Garnier was charged with eight offences: possession of methamphetamine for the purpose of trafficking contrary to s. 5(2) Controlled Drugs and Substances Act (CDSA); two counts of possession of identity documents contrary to s. 56.1 Criminal Code (Code); three counts of possession of property obtained by crime contrary to s. 355(b) of the Code; and two counts of theft under contrary to s. 334(b) of the Code. On November 26, 2014, with the assistance of counsel ("Mr. S."), Garnier pled guilty to count 1 - s. 5(2) CDSA; count 2 - s. 56.1 Code; count 3 - s. 56.1 Code; and count 7 - s. 334(b) Code. Pursuant to s. 720(2) of the Code, Garnier's sentence was delayed so that she could participate in the Edmonton Drug Treatment Court (DTC) program. On April 22, 2015, Garnier was terminated from DTC for lack of compliance and the matter was adjourned for sentencing. At the sentencing hearing, Garnier advised that she had discharged Mr. S and had retained new counsel. The matter was further adjourned to June 3, June 17, July 6 and finally to August 27, 2015. On August 27, 2015, defence counsel applied to strike Garnier's guilty plea only on Count 1 - possession of methamphetamine for the purpose of trafficking contrary to s. 5(2) CDSA. Garnier was prepared to be sentenced on the remaining offences. Defence counsel argued that: (1) Garnier's plea was not voluntary; (2) her decision to enter a guilty plea was not an informed decision where (i) she was not provided full disclosure; and (ii) the Crown had not provided her with an expert report that would support the offence that the drugs found in her purse were possessed for the purpose of trafficking; and (3) when Garnier entered her plea, she never admitted the essential elements of the offence of trafficking, and therefore her plea was not unequivocal. The premise of defence counsel's assertions that Garnier's plea was not informed or unequivocal was based on an ineffectiveness of counsel claim.

The Alberta Provincial Court dismissed the application.

Editor's Note: Certain names in the following case have been initialized or the case otherwise edited to prevent the disclosure of identities where required by law, publication ban, Maritime Law Book's editorial policy or otherwise.

Criminal Law - Topic 4227

Procedure - Pleas - Change of plea from guilty to not guilty - See paragraphs 1 to 112.

Criminal Law - Topic 4233

Procedure - Pleas - Guilty plea - Expungement or setting aside - See paragraphs 1 to 112.

Counsel:

J. Martin, for the Crown;

A. Attia, for the accused.

This case was heard on August, 27, 2015, by Groves, P.C.J., of the Alberta Provincial Court, who delivered the following decision on October 5, 2015.