One Law for All: Conservatives Table Bill to End Leniency for Non-Citizen Criminals
Ottawa, ON – Today, the Hon. Michelle Rempel Garner, Shadow Minister for Immigration, announced that Conservatives will introduce legislation to amend the Criminal Code and restore the value of Canadian citizenship by ending the practice of judges considering a non-citizen’s immigration status in sentencing:
“Since 2013, a Supreme Court ruling has permitted judges to consider immigration status when sentencing. This has been seen in several recent high-profile cases.
“A permanent resident received a conditional sentence after being convicted of trying to purchase sexual services from a 15-year-old, as a stronger penalty would have hindered him and his wife from obtaining Canadian citizenship. Another non-citizen, in Canada on a visitor’s permit, was convicted of twice groping an 18-year-old woman’s genitals, yet received a discharge to avoid a permanent criminal record and allow a deportation appeal.
“Anyone seeking residence or citizenship in Canada has responsibilities as well as rights. When it comes to sentencing non-citizens, Canada has essentially adopted a form of two-tier justice where judges can and have given lighter sentences to individuals who are non-citizens by virtue of this ruling. This offends all principles of fairness that should be foundational to our justice system.
“This is why once the House of Commons resumes in the fall, Conservatives will introduce legislation to amend the Criminal Code to rectify this issue. Our bill will add a section after Section 718.202 of the Criminal Code which 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 by a judge when issuing a sentence.
“The vast majority of Canada’s immigrants and temporary residents abide by the law. But 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.”