Overview Of R. V. Wong Case

The Facts

The accused, Wing Wha Wong was caught selling cocaine to an undercover police officer. After being charged under the Controlled Drugs and Substance Act for one account of cocaine trafficking, Wong pleads guilty in court without understanding the consequences of such actions. Wong then learned that his 25-year permanent residency status in Canada could be revoked under the Immigration and Refugee Protection Act; therefore, threatening deportation. Initially, the municipal court sentenced Wong to nine months incarcerated. Then, Wong proceeded to the Appeal Court of British Columbia; after he followed up to the Supreme Court of Canada on the stance that he was not fully aware of the repercussion of the choices to sell cocaine and pleading guilty.

Procedural History

Wong refused to accept the consequences at the municipal court. As Wong proceeded to the Court of Appeal for British Columbia, he stated that he wanted his guilty plea to be overturned on the conditions that he was unaware of the consequences of such actions. As the case was dismissed without prejudice, Wong proceeded to the Supreme Court of Canada, held by various judges.

Legal Issue

As Wong's prejudge judgment of pleading guilty of trafficking cocaine failed him, the Supreme Court of Canada established that subjective prejudice of his actions requires the accused to file an affidavit. The affidavit failed to explain that Wong would have decided to plead guilty with different consequences or plead not guilty and waited upon trial.

The Decision

As a result, the accused failed to provide a burden of proof that he would have to plead differently. The courts decided that the actions of the accused are without a doubt illegal and that his case was dismissed, and the conviction of cocaine trafficking was upheld.

Legal Rule and Ratio

As Wong was at fault for selling cocaine to an undercover cop, the Supreme Court of Canada has no other choice as to allow Wong off without a penalty on his immigration records. Wong will be sentenced to nine months incarcerated. Concerning the violation of the Controlled Drugs and Substance Act, Wong's case was considered in comparison to Lee v. United States, 137 S. Ct. 1958 (2017), in which the accused desperately preferred a longer sentence than to be deported. That being considered for Wong's case, the accused failed to bring forth in his affidavit that he would have pleaded differently had he been given the chance, thus leading Wagner J.'s position on the accused to have not met the burden of proof to reevaluate the consequences. For future trials, judges will consider cases such as Wongs with an approach that will consider the number of years possessing residency and upon the intent of plea with their affidavit statement.

The Reason

The court’s reasoning for the action taken was due to the injustice that Wong was not informed of the act of a guilty plea. Moreover, Wong has been established in Canada for 25 years along with relatives. As a conclusion, it would be unethical to deport Wong and reasonable to provide incarceration.