Case information
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35384
Sz-Yin Lu v. Her Majesty the Queen
(Ontario) (Criminal) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2013-11-25 | Close file on Leave | |
| 2013-11-22 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2013-11-22 | Judgment on leave sent to the parties | |
| 2013-11-21 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C56894, 2013 ONCA 324, dated May 15, 2013, is dismissed without costs. Dismissed, without costs |
|
| 2013-10-15 | All materials on application for leave submitted to the Judges, CJ Cro Wa | |
| 2013-10-10 | Correspondence received from, Henry S. Brown, Q.C. dated Oct. 9/13 with a decision of the B.C. Court of Appeal dated Sept. 10/13 in R. v. Zhao to be sent to the Court | Sz-Yin Lu |
| 2013-10-04 | Order on motion to extend time | |
| 2013-10-04 |
Decision on motion to extend time, to serve and file the applicant's reply to September 27, 2013, DeRg Granted |
|
| 2013-10-04 | Submission of motion to extend time, DeRg | |
| 2013-10-01 | Response to motion to extend time, to serve and file the reply, Completed on: 2013-10-01 | Her Majesty the Queen |
| 2013-10-01 | Motion to extend time, to serve and file the reply to 2013-09-27, Completed on: 2013-10-01 | Sz-Yin Lu |
| 2013-09-27 | Applicant's reply to respondent's argument, Motion for extension of time requested, Completed on: 2013-10-04 | Sz-Yin Lu |
| 2013-09-12 | Respondent's response on the application for leave to appeal, Completed on: 2013-09-12 | Her Majesty the Queen |
| 2013-08-14 | Application for leave to appeal, (Book Form), Completed on: 2013-08-16 | Sz-Yin Lu |
| 2013-05-17 | Notice of application for leave to appeal, Amended form 25-B received on May 28, 2013, Completed on: 2013-05-17 | Sz-Yin Lu |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Lu, Sz-Yin | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Lu, Sz-Yin
Counsel
309 Cooper Street
Suite 310
Ottawa, Ontario
K2P 1P7
Telephone: (613) 594-5490
FAX: (613) 594-5225
Agent
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
Party: Her Majesty the Queen
Counsel
Howard Leibovich
10th Floor - 720 Bay Street
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-2460
FAX: (416) 326-4656
Email: alison.wheeler@ontario.ca
Agent
441 MacLaren Street
Suite 200
Ottawa, Ontario
K2P 2H3
Telephone: (613) 236-9665
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Summary
Keywords
None.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
Criminal law – Sentencing – Collateral immigration consequences – Degree to which collateral immigration consequences should determine choice between suspended sentence or conditional discharge – Whether collateral immigration consequences impact the qualitative aspect of a sentence – Whether case law conflicts regarding appropriateness of a suspended sentence versus a conditional discharge where collateral immigration consequences exist
The applicant was a Taiwanese citizen in Canada on a student visa. She was a passenger in her boyfriend’s car when he struck and killed a pedestrian. They fled the scene. In two police interviews, she denied any knowledge of the accident or any involvement in the accident. Based on those denials, she was convicted of obstructing a peace officer in the execution of his duties. The applicant was given a suspended sentence. While still in Canada, she married her boyfriend, a Canadian citizen. He was convicted in relation to the accident and imprisoned, which caused the applicant’s application for permanent residency to be denied. She voluntarily returned to Taiwan. Section 36(2) of the Immigration and Refugee Protection Act, S.C. 2001, c. 27, sets out that anyone who has been convicted in Canada of an offence that is punishable by indictment is not eligible for admission to Canada. Section 36(2) applies to hybrid offences, even if the Crown proceeds summarily. Consequently, the applicant is not admissible to Canada even though she is married to a Canadian citizen. The applicant appealed her sentence and sought a conditional discharge instead of a suspended sentence.
Lower court rulings
Ontario Superior Court of Justice
Sentence to suspended sentence, six months probation, 75 hours of community service
Court of Appeal for Ontario
C56894, 2013 ONCA 324
Appeal from sentence dismissed
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available