Can a guilty plea be appealed on appeal?

Ontario, Canada


The following excerpt is from R. v. Gibson, 2021 ONCJ 101 (CanLII):

In this regard, the decision of our Court of Appeal in R v. Carty, 2010 ONCA 237, is instructive. At paragraphs 36 and 37, Justice Doherty states the following: 36 The appellant claims in his affidavit and cross-examination that he was coerced into pleading guilty by the circumstances and, to some extent, by the attitude of his trial lawyer. I have no difficulty accepting that the appellant was under pressure at the time. He was 21 years old, and in custody for the first time with no real prospect of release. He was facing a series of criminal charges, one of which was a serious allegation. His lawyer had informed him that he had no defence on that serious charge. These factors no doubt weighed heavily on the appellant's mind when he was trying to decide what to do. 37 However, the circumstances in which the appellant found himself were hardly unique and are shared by many who must decide whether to plead guilty to criminal charges. That decision by its very nature must be made when individuals are under considerable pressure. That pressure is often the product of the grim realization that there is no viable alternative to a guilty plea, and that the consequences of a guilty plea will be immediate, serious and far-reaching. The pressures inherent in the nature and timing of the decision to plead guilty cannot in and of themselves invalidate a guilty plea on appeal. People are capable of deciding what is in their best interests even when they are under considerable pressure and none of the available options are attractive.

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