Judge denies hit-and-run driver’s request to reverse guilty plea

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Ian Joly’s dangerous driving trial will proceed to sentencing next month after a judge dismissed Joly’s attempt to reverse his guilty plea.

Grieving family members of Chris Fox called it a “small victory” Wednesday after the ruling from Superior Court Justice Kerry McVey.

Fox was 33 when he was struck and killed during an argument with Joly in a Circle K parking lot on Baseline Road on Sept. 15, 2020.

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Joly pleaded guilty earlier this year to dangerous driving causing Fox’s death and admitted to striking Fox with his van and running over his body.

Fox’s family members were expecting an end to their long and “agonizing” legal journey at a sentencing hearing in May.

But that hearing was abruptly halted when Joly raised an objection to the Crown’s argument that he had been acting “recklessly” on the night he struck and killed Fox.

When court reconvened in June, Joly informed the judge that, “after having time to think about it,” he wished to withdraw his guilty plea and proceed to trial.

McVey denied that request Wednesday after hearing arguments from Joly, who does not have a lawyer and is self-represented in the matter, and from Crown attorneys Dallas Mack and Shakiba Azimi.

Joly was assisted by Ottawa defence lawyer Jenny McKnight, who was appointed as an amicus — or “friend of the court” — to help with interpreting complex legal matters and to ensure Joly’s trial rights are protected.

Joly initially pleaded guilty on Feb. 12, the same day his twice-delayed trial had been scheduled to commence.

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In his application to strike his guilty plea, Joly claimed his plea was “not informed” because he was not aware the Crown would rely on the aggravating factor that he was reckless when he hit Fox with his van and left the scene.

His application also claims that his guilty plea was “involuntary.”

Joly said he also contested several passages of the agreed statement of facts, which was filed prior to his sentencing hearing in May.

According to that summary of the facts, Fox was killed in the aftermath of a fight that started in the Circle K parking lot after Joly saw Fox near his van in a “verbal confrontation” with Joly’s girlfriend.

Joly punched Fox repeatedly and continued to punch him as he lay on the ground.

Fox then followed Joly back to the van and blocked his path. At one point, Joly put the van in reverse, turned his steering wheel to the right and accelerated backwards, with the front end moving towards Fox. The driver’s side tires “clipped” his feet and legs, causing him to fall as the van drove over him in reverse.

Joly was seen by witnesses pausing for a moment before steering around Fox’s body and driving away from the scene.

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Fox was rushed to hospital but died of internal bleeding from a tear to his heart.

Joly was arrested 20 minutes later after witnesses recorded his licence plate number as he drove away.

Joly made the formal request to withdraw his guilty plea in court Wednesday morning.

His request was dismissed by the judge later that same day.

“Mr. Joly has not persuaded me that his (guilty) plea was invalid,” McVey said. “As a result, sentencing submissions will continue on Aug. 8… we will continue where we left off with the Crown making their submissions on the sentence they are seeking.”

Crown prosecutors have already stated they will seek a sentence of two years less a day in a provincial jail.

Joly confirmed on Wednesday he will be arguing for a conditional sentence that includes a term of house arrest and no jail time.

He declined comment Wednesday when asked about the judge’s ruling and his proposed sentence.

“I don’t want to speak about it right now,” Joly said outside the courthouse.

Joly was originally set to stand trial in the summer of 2023. His trial was pushed back to December when Joly failed to appear for a scheduling conference.

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His December trial was delayed until February 2024 when Joly appeared via Zoom — rather than in-person — on the first day of the trial.

He pleaded guilty on Feb. 12, the day his rescheduled trial was set to begin.

Fox’s family members expressed their frustration to the judge over the numerous delays and postponements.

Fox is from Brockville, where he was well-known as a town “prankster.”

His family members have driven to Ottawa to appear in-person for each court date.

The family asked permission to re-read their victim impact statements, which were first read into the court record in May.

Crown prosecutors said the family wanted to refresh their statements “given the time gap” between the start of the sentencing phase in May and its conclusion, which is now set for Aug. 8.

“Proceeding expeditiously is particularly critical in this matter given the length of time (the case) has been in the system and the toll that has taken on all those involved, including Mr. Fox’s family,” McVey said. She granted permission for the family to re-read their statements in August.

Fox’s mother, Bonnie Massey, wrote in her victim impact statement that the family has been in “complete agony” and “unbearable grief” since the night Fox was killed.

“This has dragged on for almost four years… four years of not being able to move forward, of sitting in limbo… almost four wasted years. We put everything on hold to be here.

“This tragedy has already cost us a lifetime of pain, but we need this to be over so we can move forward and begin to heal.”

ahelmer@postmedia.com

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