DATE: 20051012

DOCKET: C43342

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) – and – KESTER PATRICK JEFFREY (Applicant)

BEFORE:

LABROSSE, SHARPE and GILLESE JJ.A.

COUNSEL:

Leonard Hochberg

for the appellant

Anya Weiler

for the respondent

HEARD & ENDORSED:

October 12, 2005

On appeal from the judgment of Justice John Andrew Payne of the Ontario Court of Justice dated March 2, 2004.

A P P E A L B O O K E N D O R S E M E N T

[1] The appellant seeks leave to extend the time for appealing his convictions on several charges including two counts of trafficking in cocaine, entered upon guilty pleas. It is not disputed that the guilty pleas were informed and freely given and that the appellant realize he would face deportation to the U.S. The ground advanced is that he did not realize he would also face deportation from the U.S. to Guyana. There is no evidence before us as to what the appellant knew or did not know as to the consequences of conviction under U.S. immigration law. Nor is there anything to indicate that he has any defence to these charges. In our view, there is no basis to grant leave to extend the time for appeal. The plea was informed and unequivocal. The appellant has been deported to the U.S. and ensuring his presence or the jurisdiction of Ontario is problematic. There is no defence on the merits. We are not prepared to grant relief on the basis of the consequences under U.S. immigration law and, in any event, there is no evidence before us that would permit us to grant relief on that basis. Accordingly, leave to extend the time for appeal is denied.