Conservatives aiming to amend Criminal Code so immigration status won't be a factor in sentencing
The Crown sought a 90-day jail sentence. Ontario Court judge Paul O'Marra wrote that a criminal record would likely prevent the offender from sponsoring his wife to also become a permanent resident, as well as delay the offender's eligibility for Canadian citizenship and jeopardize his ability to become a licensed engineer.
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O'Marra concluded that 'a custodial sentence would be unduly harsh' and instead handed down a conditional discharge with 12 months of probation, which included three months of house arrest. In establishing the basis for his reasoning, he wrote: 'The Pham decision stands for the principle that collateral consequences, while not determinative, can justify a lower sentence within the legal range to avoid disproportionate hardship,'
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In an Alberta case cited by Rempel Garner, a man in Canada on a visitor's permit was accused of groping an 18-year-old woman in a nightclub twice. The judge ruled that 'in consideration of the devastating collateral immigration consequences to recording a conviction, I conclude that the appropriate sentence for Mr. Singh is a conditional discharge with a probation order of maximum duration, 3 years.'
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Rempel Garner insists that when 'it comes to sentencing non-citizens, Canada has essentially adopted a system of two-tier justice where judges can and have given lighter sentences to individuals who are non-citizens.'
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The Conservatives are proposing a bill that would prohibit immigration discounts in sentencing. Great news!
Courts have been more lenient on non-citizens since 2013, at times going light on sex offenders to help them remain in Canada. That can change if Parliament wills it. https://t.co/jFNgxxKT3k
— Jamie Sarkonak (@sarkonakj) August 13, 2025
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Rempel Garner said the Conservatives intend to introduce legislation to amend the Criminal Code. 'Our bill will add a section after Section 718.202 … which will expressly outline that any potential impact of a sentence on the immigration status of a convicted non-citizen offender, or … their family members, should not be taken into consideration by a judge when issuing a sentence.'
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Acknowledging that the vast majority of immigrants and temporary residents in Canada abide by the law, she said 'removing non-citizens convicted of serious crimes is a no-brainer. Conservatives will always fight to protect Canadians, the value of our citizenship and the safety of every person who lives here. Becoming a Canadian is a privilege, not a right.'
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