Latest news with #RempelGarner
Edmonton Journal
2 days ago
- Politics
- Edmonton Journal
Conservatives aiming to amend Criminal Code so immigration status won't be a factor in sentencing
Article content 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. Article content 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,' Article content 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.' Article content Article content 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.' Article content 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. — Jamie Sarkonak (@sarkonakj) August 13, 2025 Article content Article content 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.' Article content 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.'
Vancouver Sun
2 days ago
- Politics
- Vancouver Sun
Conservatives aiming to amend Criminal Code so immigration status won't be a factor in sentencing
When Parliament resumes this fall, a Conservative MP says her party will introduce legislation to end consideration of immigration status when a judge is sentencing a convicted criminal who is not a citizen. Michelle Rempel Garner, MP for Calgary Nose Hill and shadow minister for Immigration, said the practice has essentially resulted in a two-tier justice system that allows non-citizens to get lighter sentences than Canadians convicted of the same crime. 'This offends all principles of fairness that should be foundational to our justice system,' Rempel Garner said at a press conference in Ottawa on Wednesday. She pointed to a 2013 Supreme Court of Canada decision that she says has permitted judges to consider immigration status at the sentencing stage of a case. In that case, R. v. Pham , the accused was a non‑citizen, convicted of two drug‑related offences. The trial judge imposed a sentence of two years' imprisonment. However, the Supreme Court noted that under the Immigration and Refugee Protection Act, a non‑citizen sentenced to a term of imprisonment of at least two years loses the right to appeal a removal order against him or her. In reducing Pham's sentence, the Supreme Court ruled that 'collateral immigration consequences' are relevant factors that a sentencing judge may take into account in determining an appropriate sentence, but added that those consequences should not influence whether or not deportation occurs. Rempel Garner cited a few recent cases that relied on the Pham ruling in handing down a sentence. In the first example, a permanent resident was convicted of trying to buy sex from a police officer posing as a 15-year-old in an online sting operation. 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. 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,' 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.' 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.' 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. 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.' 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.' Our website is the place for the latest breaking news, exclusive scoops, longreads and provocative commentary. Please bookmark and sign up for our daily newsletter, Posted, here .
Toronto Sun
2 days ago
- Politics
- Toronto Sun
Conservative MP calls on Ottawa to 'get serious' about wildfires, criticizes forest ban
Published Aug 13, 2025 • 2 minute read Conservative MP Michelle Rempel Garner holds a news conference in Ottawa, Friday, Feb. 21, 2025. Photo by Adrian Wyld / THE CANADIAN PRESS OTTAWA — Conservative MP Michelle Rempel Garner says the federal government needs to do more to fight Canada's devastating forest fires. This advertisement has not loaded yet, but your article continues below. THIS CONTENT IS RESERVED FOR SUBSCRIBERS ONLY Subscribe now to read the latest news in your city and across Canada. Unlimited online access to articles from across Canada with one account. Get exclusive access to the Toronto Sun ePaper, an electronic replica of the print edition that you can share, download and comment on. Enjoy insights and behind-the-scenes analysis from our award-winning journalists. Support local journalists and the next generation of journalists. Daily puzzles including the New York Times Crossword. SUBSCRIBE TO UNLOCK MORE ARTICLES Subscribe now to read the latest news in your city and across Canada. Unlimited online access to articles from across Canada with one account. Get exclusive access to the Toronto Sun ePaper, an electronic replica of the print edition that you can share, download and comment on. Enjoy insights and behind-the-scenes analysis from our award-winning journalists. Support local journalists and the next generation of journalists. Daily puzzles including the New York Times Crossword. REGISTER / SIGN IN TO UNLOCK MORE ARTICLES Create an account or sign in to continue with your reading experience. Access articles from across Canada with one account. Share your thoughts and join the conversation in the comments. Enjoy additional articles per month. Get email updates from your favourite authors. THIS ARTICLE IS FREE TO READ REGISTER TO UNLOCK. Create an account or sign in to continue with your reading experience. Access articles from across Canada with one account Share your thoughts and join the conversation in the comments Enjoy additional articles per month Get email updates from your favourite authors Don't have an account? Create Account Speaking to reporters Wednesday in Ottawa, the Alberta MP accused Ottawa of 'inaction' on wildfires. She also blamed that lack of action for new measures restricting activities in the forests of two provinces — even though those bans were imposed by the provinces themselves. Nova Scotia and New Brunswick last week banned hiking, fishing, camping and the use of vehicles in its forests in response to the heightened wildfire risk. Rempel Garner said that while she understands the fear Maritimers feel, restricting individuals' movements is 'not right. 'Whenever there's a major crisis, what the Liberal government has done by their inaction has conditioned Canadians to expect that the only response they can see out of their federal government is to restrict their movement,' Rempel Garner told reporters. Your noon-hour look at what's happening in Toronto and beyond. By signing up you consent to receive the above newsletter from Postmedia Network Inc. Please try again This advertisement has not loaded yet, but your article continues below. 'We're calling on the federal government to actually get serious about this issue.' RECOMMENDED VIDEO Conservative MP Marc Dalton presented a bill last year to stiffen penalties for wildfires caused by arson. It never made it past first reading and died when Parliament was dissolved ahead of this year's election. Rempel Garner said that's one area where the Liberals could have taken action on wildfires. She also called on the federal government to dedicate more resources to wildfire control. In its 2021 election platform, the Liberals promised to train 1,000 community-based firefighters to fight wildfires and to work with provinces and territories to get them more firefighting planes. Last month, Ontario Premier Doug Ford told reporters that Alberta-based water bomber manufacturer De Havilland was facing a four-year backlog of orders. This advertisement has not loaded yet, but your article continues below. 'Four full wildfire seasons ago, the Liberals promised more water bombers, more firefighters,' Rempel Garner said. 'Where are they?' Read More Nova Scotia Premier Tim Houston brushed off the criticisms of the forest entry ban at a news conference later Wednesday. 'I find it remarkable, the interest in travelling in Nova Scotia woods by people who aren't in Nova Scotia and probably haven't been here much in their life,' Houston told reporters. 'We're only concerned with keeping people safe. We'll do what's necessary to protect lives, and that's what we're doing in this case.' So far this season, the total area of the country burned by wildfires is nearly the size of New Brunswick. — With files from Sarah Ritchie. Toronto Maple Leafs Editorial Cartoons World Columnists Toronto & GTA
Global News
2 days ago
- Politics
- Global News
Conservative MP calls on Ottawa to do more on wildfires, criticizes forest entry ban
Conservative MP Michelle Rempel Garner says the federal government needs to do more to fight Canada's devastating forest fires. Speaking to reporters Wednesday in Ottawa, the Alberta MP accused Ottawa of 'inaction' on wildfires. She also blamed that lack of action for new measures restricting activities in the forests of two provinces — even though those bans were imposed by the provinces themselves. Nova Scotia and New Brunswick last week banned hiking, fishing, camping and the use of vehicles in its forests in response to the heightened wildfire risk. Rempel Garner said that while she understands the fear Maritimers feel, restricting individuals' movements is 'not right.' 'Whenever there's a major crisis, what the Liberal government has done by their inaction has conditioned Canadians to expect that the only response they can see out of their federal government is to restrict their movement,' Rempel Garner told reporters. Story continues below advertisement 'We're calling on the federal government to actually get serious about this issue.' Get daily National news Get the day's top news, political, economic, and current affairs headlines, delivered to your inbox once a day. Sign up for daily National newsletter Sign Up By providing your email address, you have read and agree to Global News' Terms and Conditions and Privacy Policy Conservative MP Marc Dalton presented a bill last year to stiffen penalties for wildfires caused by arson. It never made it past first reading and died when Parliament was dissolved ahead of this year's election. Rempel Garner said that's one area where the Liberals could have taken action on wildfires. She also called on the federal government to dedicate more resources to wildfire control. In its 2021 election platform, the Liberals promised to train 1,000 community-based firefighters to fight wildfires and to work with provinces and territories to get them more firefighting planes. Last month, Ontario Premier Doug Ford told reporters that Alberta-based water bomber manufacturer De Havilland was facing a four-year backlog of orders. 'Four full wildfire seasons ago, the Liberals promised more water bombers, more firefighters,' Rempel Garner said. 'Where are they?' Nova Scotia Premier Tim Houston brushed off the criticisms of the forest entry ban at a press conference later Wednesday. 'I find it remarkable, the interest in travelling in Nova Scotia woods by people who aren't in Nova Scotia and probably haven't been here much in their life,' Houston told reporters. 'We're only concerned with keeping people safe. We'll do what's necessary to protect lives, and that's what we're doing in this case.' Story continues below advertisement So far this season, the total area of the country burned by wildfires is nearly the size of the entire province of New Brunswick. — With files from Sarah Ritchie.
2 days ago
- Politics
Conservatives say the justice system favours non-citizens. Experts disagree
The Conservatives want to change the Criminal Code to eliminate what they say is a double standard in the justice system that allows non-citizens to get lighter sentences than Canadians who have been convicted of the same crime. When it comes to sentencing non-citizens, Canada has essentially adopted a form of two-tier justice, Conservative MP Michelle Rempel Garner said Wednesday in Ottawa. This offends all principles of fairness that should be foundational to our justice system. Deportations are automatically scheduled to allow time for appeal, but certain criminal sentences remove the right of the offender to challenge their removal. Removing non-citizens convicted of serious crimes is a no-brainer, Rempel Garner said. Becoming a Canadian is a privilege, not a right. But immigration experts say the Conservatives' characterization of Canada's justice system as being biased in favour of non-citizens is simply false. They say the law is designed to ensure the sentence fits the crime, regardless of the offender's status. WATCH | Conservatives want judges to stop considering immigration status in sentencing: Rempel Garner said her party will introduce a private member's bill when the House of Commons returns in September, promising the change will restore the value of Canadian citizenship. The bill will expressly outline that any potential impact of a sentence on the immigration status of a convicted non-citizen offender, or that of their family members, should not be taken into consideration, the Conservative Party says in a statement. Rempel Garner's suggestion that Canada has two-tier sentencing provisions is, she said, the direct result of a 2013 Supreme Court of Canada ruling (new window) that clarified sentencing guidelines. One of several factors to consider In the ruling, Canada's top court said that when sentencing a non-citizen, a judge can use an offender's immigration status as one of several factors when considering what sentence to impose. That's what judges do in sentencing. They take into account factors that are individual that are relevant; this is just one more of them, said Audrey Macklin, a law professor at the University of Toronto. Macklin said other factors commonly considered during sentencing are whether the offender has a substance abuse issue; whether they are a single parent and what will happen to their child; or the prospects that they can be rehabilitated. Sentencing always takes into account factors unique or specific to that individual, she said. It's a misrepresentation to suggest that this is two-tier justice. Macklin said the 2013 ruling also clarified that while immigration status can be considered, it could not be used to reduce the sentence below the standard minimum. Losing the right to appeal deportation Under the law in Canada, a person who has been ordered to be removed from the country cannot appeal their deportation order if: They were convicted of a crime in Canada and given a sentence of six months or more. They were convicted of a crime outside Canada punishable in Canada by a sentence of 10 years or more. They were involved in organized crime. They violated human or international rights law, by, for example, committing war crimes. Toronto immigration lawyer Pantea Jafari says she has argued similar cases. She told CBC News that the 2013 ruling was crafted to ensure the consequences of a sentence are proportional to what the judge intends. In a case where a judge may think someone has committed a minor offence and only deserves a slap on the wrist, Jafari said the judge may decide to give them a six-month sentence. For a Canadian citizen, the punishment would be six months in jail. But for a non-citizen, it could result in deportation without the ability to appeal. Jafari said the 2013 ruling simply gives the judge in her example the authority to lower the sentence to six months less a day so they can still appeal their deportation. She said this would ensure a citizen and non-citizen receive comparable sentences. When [a judge] is considering a sentence, they can't be blind to the fact that this person is not a naturalized Canadian, is still an immigrant and therefore will have additional consequences as a result of the sentence, Jafari said. To have [this provision] scrapped is really problematic and something that I would vigorously defend against. Peter Zimonjic (new window) · CBC News · Senior writer Peter Zimonjic is a senior writer for CBC News who reports for digital, radio and television. He has worked as a reporter and columnist in London, England, for the Telegraph, Times and Daily Mail, and in Canada for the Ottawa Citizen, Torstar and Sun Media. He is the author of Into The Darkness: An Account of 7/7, published by Vintage.
