What is the legal test for withdrawing a guilty plea?

Ontario, Canada


The following excerpt is from R. v. Barwick, 2005 CanLII 46741 (ON SC):

When circumstances arise that call into question the validity of a plea of guilty, the presiding justice is empowered with a discretion to conduct an inquiry into whether the plea should be struck and the case proceed to trial. An inquiry conducted pursuant to Adgey v. The Queen (1973), 1973 CanLII 37 (SCC), 13 C.C.C. (2d) 177, focuses on the record, as amplified, which may potentially conflict with an unequivocal, voluntary and informed plea. There is no absolute or unrestricted right to have a guilty plea withdrawn. The onus, in the sense of the burden of persuasion, is upon the accused.

Other Questions


What is the legal effect of a guilty plea? (Ontario, Canada)
Can a surety be discharged on an equitable plea that the principal was guilty of dishonesty? (Ontario, Canada)
Can a guilty plea be appealed on appeal? (Ontario, Canada)
What is the legal test for having a beneficiary be a child of full legal capacity? (Ontario, Canada)
Does a plea of guilty obtained by the prosecuting attorney's unfair representations in the context of an unfair representation be valid at trial? (Ontario, Canada)
What factors will be considered by the Court when deciding whether to withdraw an application for leave to withdraw admissions? (Ontario, Canada)
Can a guilty plea be struck on appeal? (Ontario, Canada)
In what circumstances has the Licensee been found guilty of defrauding clients A and B using his licence to provide legal services? (Ontario, Canada)
When will I.S.O. be able to withdraw funds from an Individual Savings Account for the purposes of obtaining an interim order to prevent the father from making withdrawals from the RESP? (Ontario, Canada)
What is the appropriate suspension for a lawyer who is found guilty of sexual assault? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.