R. v. A.Q. et al., 2015 SKPC 7

• Judge: Beaton, P.C.J.
• Court: Provincial Court of Saskatchewan (Canada)
• Case Date: January 13, 2015
• Jurisdiction: Saskatchewan
• Citations: 2015 SKPC 7;(2015), 464 Sask.R. 232 (PC)

R. v. A.Q. (2015), 464 Sask.R. 232 (PC)

MLB headnote and full text

Temp. Cite: [2015] Sask.R. TBEd. JA.021

Her Majesty the Queen v. A.Q. and V.E.S.

(Information Nos. 38280356; 38280355; 38282293; 2015 SKPC 7)

Indexed As: R. v. A.Q. et al.

Saskatchewan Provincial Court

Beaton, P.C.J.

January 13, 2015.

Summary:

The two accused faced approximately 30 charges relating to making child pornography, sexual assaults with weapons, assaults with weapons and assaults causing bodily harm against three complainants under the age of 18. On the date of their preliminary hearing, they both pled guilty to amended charges. Subsequently, both accused applied to expunge the majority of their guilty pleas.

The Saskatchewan 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 4233

Procedure - Pleas - Guilty plea - Expungement or setting aside - The two accused faced approximately 30 charges relating to making child pornography, sexual assaults with weapons, assaults with weapons and assaults causing bodily harm against three complainants under the age of 18 - On the date of their preliminary hearing, they both pled guilty to amended charges - Subsequently, both accused applied to expunge the majority of their guilty pleas - The Saskatchewan Provincial Court dismissed the application - Both accused were aware of the nature of the charges, the consequences and legal effect of pleading guilty and the potential penalty - There was no coercion by the lawyers or duress - The accused A.Q.'s mental state had not deprived her of the capacity to make an active or conscious choice to plead guilty - The pleas were informed and voluntary - As to whether the pleas were equivocal, the question was whether the accused had acknowledged the offences' essential facts - No facts were presented to the court when the pleas were entered - Six weeks later, A.Q. disputed most of the facts that were presented to her in an agreed statement of facts - However, two experienced criminal lawyers testified that they had ensured that their respective clients understood to which incident each charge related and that they understood their pleas - By communicating their intention to plead guilty, both accused had acknowledged the essential facts of the offences at the time the pleas were entered - The pleas were unequivocal.

Cases Noticed:

R. v. Leonard (D.A.) (2007), 307 Sask.R. 140; 417 W.A.C. 140; 2007 SKCA 128, refd to. [para. 3].

R. v. Greenall and Collins, 2011 BCPC 28, refd to. [para. 6].

R. v. Couillonneur (L.R.), 2007 SKPC 8, refd to. [para. 7].

Counsel:

D. Kim Jones, for the Crown;

Rod Simaluk, for A.Q.;

Marianna Jasper, for V.E.S.

These applications were heard at Regina, Saskatchewan, by Beaton, P.C.J., of the Saskatchewan Provincial Court, who delivered the following decision on January 13, 2015.