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Digest of the Week | Indefinite Licence Suspension

Indefinite licence suspension automatically following dangerous driving conviction giving rise to miscarriage of justice

R. v. Quick
2016 ONCA 95
Ontario Court of Appeal

Criminal law --- Post-trial procedure — Appeal from conviction or acquittal — Factors considered — Plea of guilty

Accused pleaded guilty to dangerous driving, criminal harassment and breach of court order — Accused's lawyer had not discussed Highway Traffic Act (HTA) consequences of guilty plea with accused, she merely told him his licence would be suspended for one year — In fact, because of accused's two prior drunk driving convictions, his licence was suspended indefinitely under HTA — Accused appealed — Appeal allowed — Conviction for dangerous driving gave rise to miscarriage of justice — Accused's guilty plea to dangerous driving was not informed because he was not aware of indefinite suspension of his driver's licence that automatically followed under HTA — Accused had to understand HTA consequences of his guilty plea for plea to be informed — Guilty plea and conviction on dangerous driving charge set aside; new trial ordered on that charge.
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