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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13 minutes ago
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Vancouver Sun
2 hours ago
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B.C. legislator shocked by American senator's 'nonsense' pitch to join U.S.
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Winnipeg Free Press
3 hours ago
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The federal bill, Ontario's bill and the 'feasibility' agreement between Alberta, Saskatchewan and Ontario has no First Nations, Métis or Inuit approval. In other words, they are not worth much and are simply a cause for conflict. To be honest, development occurred much quicker when Canada was genocidal. Until the past five decades, Canada never had a legal duty to consult Indigenous peoples on the land, water, the economy, or frankly anything really — so, it didn't. Since the country's founding in 1867 (and arguably before that), Canadian legislators took Indigenous and treaty land, moved people whenever and wherever, and made unilateral decisions on Indigenous lives and families all the time. When law got in the way, other laws were passed under the justification that Canada's national interests were paramount. This meant that swaths of Indian reserve lands were taken whenever a company, corporation, or the military wanted. 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