PROCEDURE - Pleas - Setting aside guilty plea

Law360 Canada (January 22, 2021, 6:46 AM EST) -- Appeal by 54-year-old Lin from his convictions for possession of ketamine for the purpose of trafficking, producing ketamine and failing to comply with a recognizance and the 14-year sentence imposed. The appellant, his adult son and his ex-wife were arrested following a police investigation of ketamine labs. The arrests followed the execution of a search warrant of the ex-wife’s condominium, during which the police discovered 60 kilograms of ketamine. The appellant was released and subsequently arrested again on further drug charges following an investigation of three other ketamine labs. He pleaded guilty following the dismissal of his application for a stay of proceedings based on an alleged violation of his right to a trial within a reasonable time. The appellant acknowledged he did not raise the issue of appealing the s. 11(b) Charter ruling with his counsel during the plea inquiry. The appellant did not have a previous record. The sentencing judge sentenced the appellant to 15 and a half years’ imprisonment and gave him credit of 447 days for pre-sentence custody....
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