Amended Notice of Appeal - Appeal of 244069-5-BC

TAKE NOTICE that the appellant:

1. (a) Appeals against conviction, and
2. (b) Appeals against sentence

The grounds for appeal are:

The Provincial Court Judge erred in law by not considering whether the Crown had proved beyond a reasonable doubt that the accused had subjective mens rea for the breaches of probation, before proceeding to consider whether the accused had a reasonable excuse for breaches otherwise proven.

Additionally or in the alternative, the Provincial Court Judge erred by providing insufficient reasons for deciding that mens rea for the breaches of probation had been proven.

The verdict was unreasonable and unsupported by the evidence, because:

• The Court erred in disregarding Crown Counsel's prior afreement that they would not prosecute the appellant for these breaches if he were removed or told to leave Canada by Immigration, Refugees, and Citizenship Canada (IRCC) or the Canada Border Services Agency (CBSA);
• The Court erred in how it applied the immigration laws and CBSA's duties as they apply to a person who is physically present at a port of entry;
• The Court erred by accepting CBSA Officer Polisak's testimony, because CBSA policies contradict her testimony;
• The Court erred in finding that the appellant did not have a reasonable excuse for breaching his probation conditions.

Regarding sentence:

1. (a) The probation condition should have been contingent on an official determination by IRCC that the appellant is legally authorized to be present in Canada; also
2. (b) The probation period should have commenced immediately, so it's expiration coincides with the prior probation order as stated by the Court.

And such further grounds as the appellant or his counsel may advise, and this Honourable Court may permit.

The relief sought is: An order allowing the appeal and ordering a new trial.

North Fraser Pre-Trial Centre
1451 Kingsway Avenue
Port Coquitlam, BC
V3C 1S2