PROCEDURE - Pleas - Change of plea - Voluntariness

Law360 Canada ( May 25, 2018, 3:00 PM EDT) -- Appeal by Wong from a judgment of the British Columbia Court of Appeal affirming his conviction for trafficking in cocaine. Wong was a Chinese citizen and a permanent resident of Canada. As he pleaded guilty to a count of trafficking cocaine, he was not aware that his conviction and sentence could result in the loss of his permanent resident status and a removal order from Canada without any right of appeal. When informed of the consequences of his plea, Wong sought to withdraw it. Wong deposed in an affidavit filed in his appeal that he had been unaware of the possible consequences of pleading guilty. The British Columbia Court of Appeal dismissed the appeal although all judges accepted that Wong had been unaware of the collateral immigration consequences of his plea. The main issue before the Court was the proper approach for considering whether a guilty plea could be withdrawn on the basis that the accused was unaware of a collateral consequence stemming from that plea....
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