The Conservative Party aims to amend the Criminal Code to address what they perceive as an inequality in the justice system regarding sentencing for non-citizens compared to Canadian citizens convicted of the same offenses. Conservative MP Michelle Rempel Garner criticized the current system for creating a two-tier justice system that she believes undermines the principles of fairness in Canada’s legal framework.
According to Rempel Garner, non-citizens convicted of serious crimes should be deported without the opportunity to challenge their removal, emphasizing that Canadian citizenship is a privilege, not a right. However, immigration experts dispute the Conservatives’ assertion, stating that the law aims to ensure that sentencing aligns with the severity of the crime, irrespective of the offender’s nationality.
The Conservative Party plans to introduce a bill, upon the return of the House of Commons in September, that will explicitly prohibit judges from considering a non-citizen’s immigration status when determining sentencing. This proposed legislation is intended to uphold the value of Canadian citizenship, as per the party’s statement.
Critics argue that the notion of a two-tier justice system is unfounded, citing a 2013 Supreme Court of Canada ruling that clarified sentencing procedures for non-citizens. The ruling permits judges to factor in an offender’s immigration status among other considerations but prohibits reducing sentences below the standard minimum based on this factor alone.
Furthermore, individuals facing deportation orders in Canada have limited avenues for appeal, especially if their crimes meet specific criteria. Toronto-based immigration lawyer Pantea Jafari highlighted that the automatic nature of deportation for certain offenses leaves little room for appeal through the Immigration Appeal Division, potentially leading to swift removal from the country.
Jafari emphasized the importance of ensuring equitable sentencing practices for both citizens and non-citizens, suggesting that eliminating the provision allowing for reduced sentences based on immigration status could lead to unjust outcomes. She underlined the need for judges to consider the broader implications of their sentencing decisions on individuals’ immigration status and rights.
Overall, the debate centers on balancing the principles of justice, fairness, and the consequences of criminal convictions on individuals’ immigration status within Canada’s legal framework.