VANCOUVER — British Columbia’s Court of Appeal has overturned guilty pleas and ordered a new trial for a man who it says was unaware the pleas would prevent him from claiming his Charter rights were violated over the time it took to get him to trial.
Beverley Keith Klassen was arrested in Surrey, B.C., in August 2016 and pleaded guilty to drug trafficking midway through a trial, while his female co-accused was later found guilty.
On appeal, Klassen’s lawyer asked the court to set aside the guilty pleas because the man's first lawyer didn’t tell him the pleas would forbid him from arguing his Charter rights were violated over delays in getting his case to trial. Appeal Court Justice Gail Dickson said in a ruling posted Monday that allowing Klassen's pleas to stand would amount to a miscarriage of justice.
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