R. v. Pivonka, 2007 ONCA 572 (CanLII)
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[13] The test for determining whether a guilty plea is valid was stated by Doherty J.A. in R. v. T.(R.) (1992), 17 C.R. 247 at 252 (Ont. C.A.) as follows:
To constitute a valid guilty plea, the plea must be voluntary and unequivocal. The plea must also be informed, that is the accused must be aware of the nature of the allegations made against him, the effect of his plea, and the consequences of his plea.
[14] In R. v. King, [2004] O.J. No. 717, this court applied that test on facts somewhat similar to this appeal. At trial, King had pled guilty to touching a young girl for a sexual purpose based on a plea agreement reached with the Crown, which included the withdrawal of a second charge of sexual assault of the same child. He sought to withdraw his plea before sentencing, alleging that the plea negotiations had been initiated without his instructions, the plea bargain was sprung on him on the day of trial, the plea was put to him as his best or only chance of avoiding jail and that he had been told by a friend that he would be assaulted in jail. The trial judge referred to the test in T.(R.) and to the fact that there was authority that inducements inherent in a plea negotiation do not in and of themselves render a plea involuntary. See for example, R. v. Tryon, [1994] O.J. No. 332 (C.A.). This court dismissed the appeal from the trial judge’s conclusion that the plea was voluntary.
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