PROCEDURE - Pleas - Setting aside guilty plea

Law360 Canada ( June 6, 2025, 1:15 PM EDT) -- Appeal by appellant Gordon against his conviction and sentence for five offences. The appellant was charged with several offences related to human trafficking including pointing a firearm and unlawful confinement, related to his coercive relationship with G.L. Additional charges included receiving a financial benefit from trafficking a person for the purpose of facilitating their exploitation, assault causing bodily harm and trafficking a person. He was initially denied bail and remained in custody until his trial. His trial counsel attempted to negotiate a plea deal based on time served, but the Crown rejected these offers. The appellant eventually agreed to plead guilty, believing he would serve no more than an additional six months in custody. During judicial pretrials, the appellant’s counsel reported that the plea judge suggested a sentence of six months beyond the time served, which influenced the appellant’s decision to plead guilty. However, the plea judge ultimately imposed a seven-year sentence, with two and a half years remaining after credit for time served. The appellant was shocked by the sentence, believing it contradicted the assurances he received. He sought to set aside his guilty plea, claiming it was uninformed due to assurances from his lawyer about a shorter sentence....
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