R. v. Quick (M.R.), (2016) 345 O.A.C. 237 (CA)
| Judge | Laskin, Gillese and van Rensburg, JJ.A. |
| Court | Court of Appeal (Ontario) |
| Case Date | June 17, 2015 |
| Jurisdiction | Ontario |
| Citations | (2016), 345 O.A.C. 237 (CA);2016 ONCA 95 |
R. v. Quick (M.R.) (2016), 345 O.A.C. 237 (CA)
MLB headnote and full text
Temp. Cite: [2016] O.A.C. TBEd. FE.006
Her Majesty the Queen (respondent) v. Marc Ross Quick (appellant)
(C59755; 2016 ONCA 95)
Indexed As: R. v. Quick (M.R.)
Ontario Court of Appeal
Laskin, Gillese and van Rensburg, JJ.A.
February 2, 2016.
Summary:
As a result of a plea bargain, the accused pleaded guilty to criminal harassment, breach of a court order, and dangerous driving. He was sentenced to six months' imprisonment (in addition to three months of pre-sentence custody credited on a two for one basis) and three years' probation for dangerous driving, and six months' imprisonment on each of the other two convictions, to be served concurrently. As this was the accused's third conviction for a Criminal Code driving offence, his driver's licence was suspended indefinitely (Highway Traffic Act, s. 41(1)(h)). The accused appealed his convictions on the ground that when he pleaded guilty to dangerous driving, he did not understand that his licence would be indefinitely suspended.
The Ontario Court of Appeal allowed the appeal, set aside the guilty plea and conviction on the dangerous driving charge, and ordered a new trial on that charge.
Editor's note: For a prior case involving the accused in this matter see [2014] O.A.C. Uned. 694.
Criminal Law - Topic 4233
Procedure - Pleas - Guilty plea - Expungement or setting aside - On April 10, 2010, the accused pleaded guilty to criminal harassment, breach of a court order, and dangerous driving - He was sentenced to six months' imprisonment (in addition to time served) and three years' probation for dangerous driving, and six months' imprisonment on each of the other two convictions, to be served concurrently - As this was the accused's third conviction for a Criminal Code driving offence, his driver's licence was suspended indefinitely (Highway Traffic Act, s. 41(1)(h)) - If he had waited until September 26, 2010, to plead guilty to dangerous driving, the indefinite suspension would have been barred by the limitation period in s. 41(3) of the Act - The accused appealed his convictions on the ground that when he pleaded guilty to dangerous driving, he was unaware that his licence would be indefinitely suspended - The Ontario Court of Appeal concluded that there was a realistic likelihood that the accused would not have pleaded guilty and would have asked for a trial had he known that on his conviction for dangerous driving, his licence would be automatically and indefinitely suspended - He was a truck driver - His licence was his livelihood - For him, the consequences of losing his licence indefinitely instead of for one year (as he was told), were significant - They were drastic - Had he not asked for a trial, at the very least, he would have sought to postpone his plea for six months to take advantage of the limitation period - Whether he had a viable defence to dangerous driving was irrelevant - The prejudice lay in the fact that in pleading guilty, he gave up his right to a trial - His unawareness of the indefinite suspension under the Act rendered his plea to dangerous driving uninformed - The court had the jurisdiction to allow the appeal only on the conviction that resulted in the miscarriage of justice - The court set aside the guilty plea and conviction on the dangerous driving charge, and ordered a new trial on that charge.
Criminal Law - Topic 4967
Appeals - Indictable offences - Powers of Court of Appeal - Conviction appeal following guilty plea - [See Criminal Law - Topic 4233 ].
Criminal Law - Topic 4989
Appeals - Indictable offences - Power of Court of Appeal - Power to allow appeal where miscarriage of justice - [See Criminal Law - Topic 4233 ].
Criminal Law - Topic 5045
Appeals - Indictable offences - Dismissal of appeal if no prejudice, substantial wrong or miscarriage results - What constitutes a substantial wrong or miscarriage of justice - [See Criminal Law - Topic 4233 ].
Cases Noticed:
R. v. R.T. (1992), 58 O.A.C. 81; 10 O.R.(3d) 514 (C.A.), refd to. [para. 4].
R. v. Slobodan (M.L.) (1993), 135 A.R. 181; 33 W.A.C. 181 (C.A.), refd to. [para. 20].
R. v. Sumbler (D.) (1997), 33 O.T.C. 270 (Gen. Div.), refd to. [para. 21].
R. v. B.D., [2009] O.T.C. Uned. 962 (Sup. Ct.), refd to. [para. 21].
R. v. Stewart (A.E.), [2002] O.T.C. 999; 33 M.V.R.(4th) 103 (Sup. Ct.), dist. [para. 21].
R. v. Grewal, 2011 ONSC 4288 (Sup. Ct.), refd to. [para. 21].
R. v. Aujla (G.), [2015] O.A.C. Uned. 285; 2015 ONCA 325, refd to. [para. 29].
R. v. Shiwprashad (K.) (2015), 337 O.A.C. 57; 328 C.C.C.(3d) 191; 2015 ONCA 577, refd to. [para. 29].
R. v. Taillefer (B.), [2003] 3 S.C.R. 307; 313 N.R. 1; 2003 SCC 70, refd to. [para. 33].
R. v. Henry (A.) (2011), 282 O.A.C. 99; 2011 ONCA 289, refd to. [para. 33].
R. v. Meehan (M.), [2013] O.T.C. Uned. 1782; 2013 ONSC 1782, refd to. [para. 34].
R. v. Rulli (P.), [2011] O.A.C. Uned. 10; 2011 ONCA 18, refd to. [para. 38].
Counsel:
Breese Davies and Owen Goddard, for the appellant;
Roger Shallow, for the respondent.
This appeal was heard on June 17, 2015, by Laskin, Gillese and van Rensburg, JJ.A., of the Ontario Court of Appeal. Laskin, J.A., delivered the following judgment for the court on February 2, 2016.
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R. v. Wong, 2018 SCC 25
...Council v. Williams, [1971] Ch. 734 ; R. v. Rulli, 2011 ONCA 18 ; R. v. Henry, 2011 ONCA 289 , 277 C.C.C. (3d) 293 ; R. v. Quick, 2016 ONCA 95, 129 O.R. (3d) By Wagner J. (dissenting) R. v. Anthony‑Cook, 2016 SCC 43 , [2016] 2 S.C.R. 204 ; Adgey v. The Queen, [1975] 2 S.C.R. 426 ; R......
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...64(1), 64(2), R. v. Wong, 2018 SCC 25, R. v. Pham, 2013 SCC 15, R. v. B. (G.D.), 2000 SCC 22, R. v. Boudreault, 2018 SCC 58, R. v. Quick, 2016 ONCA 95, R. v. T. (R.) (1992), 10 O.R. (3d) 514 (C.A.), R. v. Shiwprashad, 2015 ONCA 577, R. v. Cherrington, 2018 ONCA 653, R. v. G. (D.M.), 2011 ON......
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Table of cases
...535 R v Quesnelle, 2014 SCC 46 .................................................349, 377, 378, 379, 381 R v Quick, 2016 ONCA 95, 129 OR (3d) 334 ..................................................... 509 R v Race, [1988] BCJ No 1819 (CA).............................................................
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Table of cases
...277 R v Proulx, [2000] 1 SCR 61, 2000 SCC 5 ........................................76, 79, 82, 90, 171, 227 R v Quick, 2016 ONCA 95 .................................................................................................................... 139 R v R(RA) (1997), 125 CCC (3d) 558 (M......
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R. v. Wong, 2018 SCC 25
...Council v. Williams, [1971] Ch. 734 ; R. v. Rulli, 2011 ONCA 18 ; R. v. Henry, 2011 ONCA 289 , 277 C.C.C. (3d) 293 ; R. v. Quick, 2016 ONCA 95, 129 O.R. (3d) By Wagner J. (dissenting) R. v. Anthony‑Cook, 2016 SCC 43 , [2016] 2 S.C.R. 204 ; Adgey v. The Queen, [1975] 2 S.C.R. 426 ; R......
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R. v. Wong (W.W.), 2016 BCCA 416
...The Taillefer approach is not the only approach that may be taken, however. [39] In a case much like the one before us, R. v. Quick , 2016 ONCA 95, an appellant sought to withdraw a guilty plea to dangerous driving because he was unaware of the collateral consequence, being that his driver'......
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R. v. Smoke, 2017 SKQB 345
...aware that a conviction will flow from the guilty plea, and has an appreciation of the potential penalty he or she will face: R v Quick, 2016 ONCA 95, 129 OR (3d) 334 [Quick]; T.(R.). This may include requiring knowledge of collateral consequences, for example administrative penalties or im......
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R. v. Hamzehali, 2017 BCCA 290
...of a plea. Failure to advise is, at minimum, a factor to consider in the ineffective assistance of counsel analysis: see R. v. Quick, 2016 ONCA 95, and R. v. Wong, 2016 BCCA [73] Therefore, if Mr. Gawley failed to advise Mr. Hamzehali about the plea resolution offer in a meaningful way and ......
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Ontario Court Of Appeal Summaries (March 11-15, 2019)
...64(1), 64(2), R. v. Wong, 2018 SCC 25, R. v. Pham, 2013 SCC 15, R. v. B. (G.D.), 2000 SCC 22, R. v. Boudreault, 2018 SCC 58, R. v. Quick, 2016 ONCA 95, R. v. T. (R.) (1992), 10 O.R. (3d) 514 (C.A.), R. v. Shiwprashad, 2015 ONCA 577, R. v. Cherrington, 2018 ONCA 653, R. v. G. (D.M.), 2011 ON......
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Ontario Court Of Appeal Summaries (July 1 5, 2019)
...respondent Keywords: Fraud, Involuntary Guilty Plea, Intellectual Disability, Uninformed Guilty Plea, Miscarriage of Justice, R v. Quick, 2016 ONCA 95, Criminal Code, s. 686(8) R v. Magdales, 2019 ONCA 572 [Watt, Tulloch and Lauwers JJ.A.] Counsel: Pillay, for the appellant Egan, for the re......
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...respondent Keywords: Criminal Law, Sexual Offences, Evidence, Stereotypical Reasoning, Motive to Fabricate, Evidence of Minors R v. Quick, 2016 ONCA 95 [Laskin, Gillese and van Rensburg Counsel: Breese Davies and Owen Goddard, for the appellant Roger Shallow, for the respondent Keywords: Cr......
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Table of cases
...277 R v Proulx, [2000] 1 SCR 61, 2000 SCC 5 ........................................76, 79, 82, 90, 171, 227 R v Quick, 2016 ONCA 95 .................................................................................................................... 139 R v R(RA) (1997), 125 CCC (3d) 558 (M......
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Table of cases
...535 R v Quesnelle, 2014 SCC 46 .................................................349, 377, 378, 379, 381 R v Quick, 2016 ONCA 95, 129 OR (3d) 334 ..................................................... 509 R v Race, [1988] BCJ No 1819 (CA).............................................................
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The Role of Defence Counsel at Sentencing
...aside if the accused is unaware of the risk of deportation as a result of the plea: see, for example, Wong , above note 30; R v Quick , 2016 ONCA 95; R v Shiwprashad , 2015 ONCA 577. 34 Immigration and Refugee Protection Act , SC 2001, c 27, s 36(1). 35 Pham , above note 22; see also R v Su......