R. v. Tyler (T.E.), (2007) 237 B.C.A.C. 312 (CA)

JudgeDonald, Hall and Lowry, JJ.A.
CourtCourt of Appeal (British Columbia)
Case DateFebruary 09, 2007
JurisdictionBritish Columbia
Citations(2007), 237 B.C.A.C. 312 (CA);2007 BCCA 142

R. v. Tyler (T.E.) (2007), 237 B.C.A.C. 312 (CA);

    392 W.A.C. 312

MLB headnote and full text

Temp. Cite: [2007] B.C.A.C. TBEd. MR.017

Regina (respondent) v. Timothy Earl Tyler (appellant)

(CA033634; 2007 BCCA 142)

Indexed As: R. v. Tyler (T.E.)

British Columbia Court of Appeal

Donald, Hall and Lowry, JJ.A.

March 6, 2007.

Summary:

The accused was subject to a removal order as a result of having been convicted for possession of a break-in instrument. The removal order was stayed for three years on compassionate grounds. As part of plea bargain, the accused subsequently pleaded guilty to possession of an instrument, a pair of scissors, suitable for breaking into, in this case, an automobile. The stay of the removal order was automatically cancelled pursuant to s. 68(4) of the Immigration Act. The accused applied for an extension of time to file a notice of appeal and to strike the guilty plea.

The British Columbia Court of Appeal denied relief.

Criminal Law - Topic 4228

Procedure - Pleas - Guilty plea - Effect of - The accused was subject to a removal order as a result of a conviction for possession of a break-in instrument - The order was stayed for three years on compassionate grounds - The accused subsequently pleaded guilty to possession of a break-in instrument pursuant to a plea bargain - The stay of the removal order was automatically cancelled (Immigration Act, s. 68(4)) - The accused sought an extension of time to file a notice of appeal and to strike the plea, asserting that he would not have pleaded guilty if he had known of the impact on his immigration status - The British Columbia Court of Appeal denied relief - While the accused might not have known about the automatic effect, he knew that his status in Canada was in serious jeopardy - He pleaded guilty to achieve the short term gain of early release and put aside consideration of the longer term consequences - That was a free choice - His first lawyer, whom he dismissed, urged him to try the charges but that would have meant several more months' imprisonment - Ignorance of the automatic effect did not vitiate the plea - The difference between awareness of an automatic effect and knowledge of a highly probable result was too fine a distinction.

Criminal Law - Topic 4233

Procedure - Pleas - Guilty plea - Expungement or setting aside - [See Criminal Law - Topic 4228 ].

Cases Noticed:

R. v. Swanson (D.A.) (2000), 136 B.C.A.C. 108; 222 W.A.C. 108; 2000 BCCA 177, refd to. [para. 71].

R. v. D.A.S. - see R. v. Swanson (D.A.).

R. v. Hoang (T.V.) (2003), 339 A.R. 291; 312 W.A.C. 291; 182 C.C.C.(3d) 69; 2003 ABCA 251, refd to. [para. 33].

Counsel:

G.F. Chand and F.M. Begg, for the appellant;

K.J. Gillett, for the Crown, respondent.

This matter was heard at Vancouver, British Columbia, on February 9, 2007, by Donald, Hall and Lowry, JJ.A., of the British Columbia Court of Appeal. Donald, J.A., delivered the following judgment for the court on March 6, 2007.

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11 practice notes
  • R. v. Wong, 2018 SCC 25
    • Canada
    • Supreme Court (Canada)
    • May 25, 2018
    ...129 O.R. (3d) 334; R. v. Aujla, 2015 ONCA 325; R. v. Shiwprashad, 2015 ONCA 577, 337 O.A.C. 57; R. v. Sangs, 2017 ONCA 683; R. v. Tyler, 2007 BCCA 142, 237 B.C.A.C. 312; R. v. Kitawine, 2016 BCCA 161, 386 B.C.A.C. 24; Padilla v. Kentucky, 559 U.S. 356 (2010); Fong Yue Ting v. United States,......
  • Ontario Court Of Appeal Summaries (March 11-15, 2019)
    • Canada
    • Mondaq Canada
    • March 28, 2019
    ...v. Cherrington, 2018 ONCA 653, R. v. G. (D.M.), 2011 ONCA 343, R. v. Lavergne, 2017 ONCA 642, R. v. Coffey, 2017 BCCA 359, R. v. Tyler, 2007 BCCA 142 v. S.C., 2019 ONCA 199 Keywords: Criminal Law, Sexual Assault, Making Child Pornography, Possession of Child Pornography, Criminal Code, ss. ......
  • Plea Discussions
    • Canada
    • Irwin Books Ethics and Criminal Law. Second Edition
    • June 19, 2015
    ...is clear, failure to advise the client that a plea carries the risk of deportation constitutes deficient advice, with R v Tyler , 2007 BCCA 142, where counsel did not advise that a guilty plea would result in deportation, but the plea was nonetheless voluntary because the accused knew that ......
  • Table of cases
    • Canada
    • Irwin Books Ethics and Criminal Law. Second Edition
    • June 19, 2015
    ...292 R v Turpin, [1989] 1 SCR 1296, 48 CCC (3d) 8, 1989 CanLII 98 ..................... 313 R v Tyler, 2007 BCCA 142....................................................................................451 R v Tzeng, [2007] OJ No 878 (SCJ) ............................................................
  • Request a trial to view additional results
8 cases
  • R. v. Wong, 2018 SCC 25
    • Canada
    • Supreme Court (Canada)
    • May 25, 2018
    ...129 O.R. (3d) 334; R. v. Aujla, 2015 ONCA 325; R. v. Shiwprashad, 2015 ONCA 577, 337 O.A.C. 57; R. v. Sangs, 2017 ONCA 683; R. v. Tyler, 2007 BCCA 142, 237 B.C.A.C. 312; R. v. Kitawine, 2016 BCCA 161, 386 B.C.A.C. 24; Padilla v. Kentucky, 559 U.S. 356 (2010); Fong Yue Ting v. United States,......
  • R. v. Riley (M.W.), (2011) 303 N.S.R.(2d) 321 (CA)
    • Canada
    • Nova Scotia Court of Appeal of Nova Scotia (Canada)
    • June 7, 2011
    ...Ct.), refd to. [para. 44]. R. v. Slobodan (M.L.) (1993), 135 A.R. 181; 33 W.A.C. 181 (C.A.), refd to. [para. 45]. R. v. Tyler (T.E.) (2007), 237 B.C.A.C. 312; 392 W.A.C. 312; 2007 BCCA 142, refd to. [para. R. v. Hunt (C.P.) (2004), 346 A.R. 45; 320 W.A.C. 45; 2004 ABCA 88, refd to. [para. 4......
  • R. v. Singh (N.), 2014 BCCA 373
    • Canada
    • British Columbia Court of Appeal (British Columbia)
    • September 17, 2014
    ...to. [para. 33]. R. v. Duong (T.) (2006), 228 B.C.A.C. 183; 376 W.A.C. 183; 2006 BCCA 325, refd to. [para. 34]. R. v. Tyler (T.E.) (2007), 237 B.C.A.C. 312; 392 W.A.C. 312; 218 C.C.C.(3d) 400; 2007 BCCA 142, refd to. [para. R. v. Staples (J.T.) (2007), 249 B.C.A.C. 213; 414 W.A.C. 213; 2007 ......
  • R. v. Wong (W.W.), 2016 BCCA 416
    • Canada
    • Court of Appeal (British Columbia)
    • October 26, 2016
    ...although we have addressed withdrawal of a guilty plea on the allegation of inadequate immigration advice in two cases, R. v. Tyler , 2007 BCCA 142, and R. v. Kitawine , 2016 BCCA 161. Those cases, in both of which this court found the guilty plea was voluntary and valid, however, addressed......
  • Request a trial to view additional results
1 firm's commentaries
  • Ontario Court Of Appeal Summaries (March 11-15, 2019)
    • Canada
    • Mondaq Canada
    • March 28, 2019
    ...v. Cherrington, 2018 ONCA 653, R. v. G. (D.M.), 2011 ONCA 343, R. v. Lavergne, 2017 ONCA 642, R. v. Coffey, 2017 BCCA 359, R. v. Tyler, 2007 BCCA 142 v. S.C., 2019 ONCA 199 Keywords: Criminal Law, Sexual Assault, Making Child Pornography, Possession of Child Pornography, Criminal Code, ss. ......
2 books & journal articles
  • Table of cases
    • Canada
    • Irwin Books Ethics and Criminal Law. Second Edition
    • June 19, 2015
    ...292 R v Turpin, [1989] 1 SCR 1296, 48 CCC (3d) 8, 1989 CanLII 98 ..................... 313 R v Tyler, 2007 BCCA 142....................................................................................451 R v Tzeng, [2007] OJ No 878 (SCJ) ............................................................
  • Plea Discussions
    • Canada
    • Irwin Books Ethics and Criminal Law. Second Edition
    • June 19, 2015
    ...is clear, failure to advise the client that a plea carries the risk of deportation constitutes deficient advice, with R v Tyler , 2007 BCCA 142, where counsel did not advise that a guilty plea would result in deportation, but the plea was nonetheless voluntary because the accused knew that ......

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