Les facteurs pouvant être pris en compte face à une requête en retrait de plaidoyer

R. v. Stockley, 2009 NLCA 38 

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[7]              The factors to be taken into account on an application to set aside a guilty plea were considered by the Nova Scotia Court of Appeal in R. v. Nevin (2006), 2006 NSCA 72 (CanLII), 210 C.C.C. (3d) 81.  There Bateman J.A., quoting the British Columbia Supreme Court decision in R. v. Joseph, [2000] B.C.J. No. 2850, stated:

In R. v. Joseph, … Taylor, J. summarizes the factors to be considered on an application to set aside a guilty plea.  While he is addressing an application to the trial judge, I find the summary helpful here as well:

            The law with respect to changing pleas is well established.  In Adgey v. The Queen (1973) 1973 CanLII 37 (SCC), 13 C.C.C. (2d) 177, the Supreme Court of Canada held that the onus is upon an accused to satisfy the court that there are valid reasons for a court to exercise its discretion to permit a guilty plea to be withdrawn.  In considering whether the exercise of a court’s discretion to allow an application to be withdrawn should be exercised, there are a number of factors to be considered.  These included firstly, was the accused represented by experienced counsel.

            Secondly, was the accused apprised of his position in law, based upon his disclosure of the facts to his counsel, and thus can be said to have understood the nature of the charge to which he pled.  Thirdly, did the accused on those facts have a defence, if proved, that would be consistent with a valid defence.  Fourthly, was the plea given in circumstances that amounted to pressure upon him to do so, or was the decision to enter the plea one made in the circumstances of reasonable time for contemplation.  Fifth, what was the experience of the accused with the criminal justice system, and was the plea entered by the accused himself or simply by counsel appearing on his behalf.  Those various factors are contained within the Adgey decision and the following cases: R. v. Atlay (1992), 1992 CanLII 1081 (BC CA), 70 C.C.C. (3d) 553, R. v. Read, 1994 BCCA 1 (CanLII), [1994] B.C.J. No. 1491, R. v. Temple, [1995] B.C.J. No. 331, and R. v. Wally, [1995] Y.J. No. 60.

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