2022 QCCA 1540, 2022 QCCA 1540
Opinion
Vo-Dai c. R. 2022 QCCA 1540 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-007693-219 (500-01-059473-980) DATE: November 11, 2022 CORAM: THE HONOURABLE MARTIN VAUCLAIR, J.A. GENEVIÈVE MARCOTTE, J.A. GUY COURNOYER, J.A. CLEO VO-DAI APPELLANT – Accused v. HIS MAJESTY THE KING RESPONDENT – Prosecutor JUDGMENT [ 1 ] In 2003, the appellant became aware of the significant problems caused by her guilty pleas to charges relating to the possession of very small amounts of drugs. This plea dates to 1999.
At the time, her family was living in the United States and she intended to move there after her studies in Montreal. [ 2 ] Her problems have to do with her immigration status in the United States. She did work in Canada and the United States after her plea, without difficulties but in 2003, she was required to procure a waiver for entry at a New York State border crossing. She did so several times. In 2008, she obtained a suspension of her Canadian criminal record. It had no effect and the difficulties continued. [ 3 ] In 2015, she married a US citizen and started a family.
In 2020, she was on the verge of deportation. She consulted a lawyer in US immigration law. He gave her advice that led her to file, in 2021, a motion for an extension of time to appeal and a motion for leave to appeal to withdraw her guilty pleas. [ 4 ] These motions were granted by a panel of the Court in January 2022. Later in March, she filed a motion for leave to file new evidence.
A panel allowed her to file the evidence, and then deferred to the panel that would hear the appeal to decide its admissibility and scope. [ 5 ] The parties have requested a criminal facilitation conference and agree to proceed without a hearing. They agree that the plea was not voluntary as the appellant was unaware of the serious consequences and would not have pleaded guilty had she known of them. In the circumstances, the parties, with good reason, believe that the interest of justice favours granting the appeal and an order for a new trial.
FOR THESE REASONS, THE COURT: [ 6 ] ADMITS the new evidence; [ 7 ] GRANTS the appeal; [ 8 ] CANCELS the guilty pleas; [ 9 ] ORDERS a new trial. MARTIN VAUCLAIR, J.A. GENEVIÈVE MARCOTTE, J.A. GUY COURNOYER, J.A.
Mtre Alexandre Bien-Aimé SHADLEY BIEN-AIMÉ For the Appellant Mtre Robert Benoit DIRECTOR OF CRIMINAL AND PENAL PROSECUTIONS For the Respondent
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