Case information

Criminal law — Trial — Competence of counsel — Trial fairness — Miscarriage of justice —Whether trial counsel’s decision to undertake no advocacy on behalf of accused under the strategy of protecting the record in anticipation of sentencing resulted in a miscarriage of justice — Whether trial record was undermined by the complete lack of trial advocacy, which resulted in the perception of a miscarriage of justice that warrants a new trial?

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

A complainant testified that Mr. Holder robbed her of her car and belongings, during which Mr. Holder rammed her car with an SUV. At trial, the parties submitted agreed facts and only the complainant testified. Trial counsel did not cross-examine her or make closing submissions. Mr. Holder was convicted of robbery and dangerous operation of a vehicle. In separate proceedings, Ms. Gionet was acquitted of charges arising from the same events. On appeal, Mr. Holder alleged trial counsel was incompetent and a miscarriage of justice resulted. The Court of Appeal dismissed the appeal.