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Withdrawal of an uninformed guilty plea

Friday, June 29, 2018 @ 9:34 AM | By Nikolay Chsherbinin

A guilty plea constitutes a formal admission of guilt to the crime with which an accused is charged. It relieves the Crown of its burden to prove guilt beyond a reasonable doubt and constitutes a waiver of constitutional right to a trial. The accused’s decision to plead guilty is, thus, fundamentally subjective and deeply personal.

In R v. Wong 2018 SCC 25, the Supreme Court of Canada grappled with a vexing issue of whether a guilty plea can be withdrawn because the accused was unaware that...