Kenza Belakziz quietly wiped away tears as she sat in the prisoner’s box, while Justice David Gates gave her the bad news.
“This is a very difficult question,” the Court of Queen’s Bench judge said of the issue of Belakziz’s attempt to vacate her plea.
“I don’t mind telling you that I have struggled with it,” he told Crown and defence lawyers.
“I have come to the conclusion it is not appropriate to allow Ms. Belakziz to withdraw her guilty plea.”
Defence counsel Greg Dunn had asked Gates to strike the guilty plea after the judge said he could not accept a joint submission for a light sentence for the Calgary woman.
Dunn and Crown prosecutor Ryan Jenkins had proposed a sentence of six months less a day, which could potentially prevent her deportation.
The native of Morocco has lived in North America most of her life, but unlike other members of her family, never obtained Canadian citizenship, despite being eligible.
That decision could come back to haunt her because a sentence of more than six months would result in her being deemed inadmissible to remain in Canada and she could be deported.