Docket

38903

Cheung Wai Wallace Li v. Her Majesty the Queen

(B.C.) (Criminal) (As of Right)

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

Proceedings
Date Proceeding Filed By
(if applicable)
2020-06-26 Transcript received, 51 pages
2020-06-12 Formal judgment sent to the registrar of the court of appeal and all parties
2020-06-12 Judgment on appeal and notice of deposit of judgment sent to all parties
2020-06-11 Judgment on the appeal rendered, CJ Abe Mo Ka Côt Br Row Mar Kas, The appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA45530, 2019 BCCA 344, dated October 3, 2019, was heard on June 11, 2020, and the Court on that day delivered the following judgment orally:

MARTIN J. — Mr. Li pled guilty at trial, the trial judge entered a stay of proceedings based on entrapment, and the Court of Appeal lifted the stay and remitted the matter for sentencing. In this case, Mr. Li has a right of appeal to this Court under s. 691(2)(b) of the Criminal Code, R.S.C. 1985, c. C-46. The phrase “enters a verdict of guilty” includes making an order that sets aside a permanent stay where that order is tantamount to entering a verdict of guilty, thus securing the purpose of this provision, which is to ensure that an accused person has one level of appeal to raise a question of law arising from their conviction (see R. v. Magoon, 2018 SCC 14, [2018] 1 S.C.R. 309, at para. 38).

We recognize that neither level of court in this appeal had the benefit of this Court’s reasons in R. v. Ahmad, 2020 SCC 11. As explained in Ahmad, when investigating a suspected dial-a-dope operation, the police must have reasonable suspicion over the individual or over the phone number or over a combination of both, before they can ask to purchase drugs from the person answering the phone.

Applying this framework and considering the totality of the circumstances, the police had reasonable suspicion, before making the call, that the phone number was being used for drug dealing. The police used a Swan sheet to record what actions they took to verify this tip. The tip was that a specific phone number was being used in a dial-a-dope operation to sell cocaine, the sales took place near a particular mall, and involved a tan Honda Odyssey with a specific licence plate. In addition to the phone number, the tip provided details such as which drug was for sale, the area of operation, a vehicle description, and licence plate number. The police confirmed the assertion of illegality by connecting this car and licence plate, and five other vehicles, to a person with an extensive and recent history of suspected dial-a-dope drug dealings.

Therefore, there was no entrapment. As a result, we dismiss the appeal, enter a verdict of guilty, and remit the matter for sentencing.
Dismissed
2020-06-11 Hearing of the appeal, 2020-06-11, CJ Abe Mo Ka Côt Br Row Mar Kas
Judgment rendered
2020-06-10 Appellant's condensed book, (Book Form) Cheung Wai Wallace Li
2020-06-10 Respondent's condensed book, (Book Form) Her Majesty the Queen
2020-06-10 Supplemental document, (Letter Form), reasons for judgment in R v Magoon, 2018 SCC 14, [2018] 1 SCR 309, Completed on: 2020-06-10 Her Majesty the Queen
2020-06-10 Supplemental document, (Letter Form), Reasons for judgment in R v Biniaris, 2000 SCC 15, [2000] 1 SCR 381 , Completed on: 2020-06-10 Her Majesty the Queen
2020-05-29 Notice of appearance, (Letter Form), Eric Purtzki and Michael Sobkin will appear before the court on behalf of the appellant. Eric Purtzki will present oral argument. Cheung Wai Wallace Li
2020-05-29 Notice of appearance, (Letter Form), Christopher Greenwood and Edlyn Laurie will appear before the court on behalf of the respondent. Christopher Greenwood will present oral argument. Her Majesty the Queen
2020-05-21 Notice of Remote Participation by a Judge of the Supreme Court of Canada sent to all parties, (by email)
2020-05-21 Appeal hearing scheduled, 2020-06-11, BY VIDEOCONFERENCE (Previously scheduled on May 15, 2020)
(previous tentative hearing date was April 22, 2020).
Hearing will start at 1:30 p.m. EST.
Judgment rendered
2020-05-12 Certificate (on limitations to public access), (Letter Form) Her Majesty the Queen
2020-05-12 Respondent's factum, (Book Form), Completed on: 2020-05-12 Her Majesty the Queen
2020-04-27 Correspondence (sent by the Court) to, all parties, by the Registrar, Re: appeal to be heard by videoconference
2020-04-21 Order on motion to extend time, by Justice Abella (sent to all parties via email April 22, 2020)
2020-04-21 Decision on motion to extend time, Abe, UPON APPLICATION by the appellant for an order extending the time to serve and file the factum and record to February 28, 2020;

AND THE MATERIAL FILED having been read;

AND NOTING the consent of the respondent;

IT IS HEREBY ORDERED THAT:

The motion is granted.
Granted
2020-04-21 Submission of motion to extend time, Abe
2020-03-17 Response to motion to extend time, Completed on: 2020-03-17 Her Majesty the Queen
2020-03-16 Motion to extend time, (Book Form), to serve and file the factum and record on February 28, 2020
(filing fee required), Incomplete
Cheung Wai Wallace Li
2020-03-11 Notice of hearing sent to parties, (sent by email on May 21, 2020)
2020-02-27 Certificate of counsel (attesting to record), (Letter Form) Cheung Wai Wallace Li
2020-02-27 Appellant's record, (Book Form), (2 volumes), Missing: Motion for Extension of Time-rec'd 2020/03/16, Completed on: 2020-03-16 Cheung Wai Wallace Li
2020-02-27 Appellant's factum, (Book Form), Missing: Motion for Extension of Time-rec'd 2020/03/16, Completed on: 2020-03-16 Cheung Wai Wallace Li
2020-02-17 Correspondence (sent by the Court) to, the parties. New tentative hearing date set for May 15, 2020 (previous tentative hearing date was April 22, 2020).
2020-02-05 Correspondence received from, (Letter Form), the appellant regarding the hearing date and filing deadlines. Cheung Wai Wallace Li
2020-01-30 Correspondence received from, (Letter Form), Concern regarding filing deadlines Cheung Wai Wallace Li
2020-01-23 Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right)
2020-01-16 Order on motion to extend time to serve and/or file notice of appeal, by KARAKATSANIS J.
2020-01-16 Decision on motion to extend time to serve and/or file notice of appeal, Ka,
Revised January 22, 2020

UPON APPLICATION by the appellant for an order extending the time to serve and file the notice of appeal as of right to November 21, 2019;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motion is granted.
The parties are invited to provide written submissions in their appeal factums addressing this Court’s jurisdiction to hear the appeal as of right.

Granted
2020-01-16 Submission of motion to extend time to serve and/or file notice of appeal submitted, Ka
2019-11-21 Motion to extend the time to serve and/or file the notice of appeal, (Letter Form), Missing: Filing Fee (rec' 12/09/19), Completed on: 2020-01-03 Cheung Wai Wallace Li
2019-11-21 Certificate (on limitations to public access), (Letter Form) Cheung Wai Wallace Li
2019-11-21 Notice of appeal, (Letter Form), Completed on: 2019-11-21 Cheung Wai Wallace Li