A controversial sentencing practice in Canada's justice system is creating what critics call a two-tier system, where non-citizens receive lighter punishments than Canadian citizens for similar crimes.
Supreme Court Ruling Sparks Controversy
The practice stems from a 2013 Supreme Court of Canada ruling that allowed judges to consider how sentencing would affect a person's immigration status. The court stated that sentencing judges could exercise discretion to consider collateral immigration consequences, provided the sentence remained proportionate to the crime.
This ruling emerged from the case of a Vietnamese citizen who came to Canada under his father's sponsorship and was convicted of producing and possessing marijuana for trafficking purposes.
The Deportation Trigger Mechanism
Under current Canadian law, non-citizens face automatic deportation if convicted of an offence carrying a maximum possible sentence of 10 years or more, regardless of the actual sentence imposed. Deportation also occurs if they receive a prison sentence exceeding six months.
Conditional sentences - those served in the community rather than prison - do not trigger deportation, making them particularly attractive for judges seeking to avoid removing non-citizens from Canada.
Conservative Push for Reform
Conservative immigration critic Michelle Rempel Garner has been vocal in demanding changes to this system. In a recent statement, she highlighted a particularly concerning case where the British Columbia Court of Appeal overturned a conditional sentence given to someone convicted of aggravated assault.
"This case involved a non-citizen convicted of a violent assault, stabbing a man in the arm and in the abdomen," Rempel Garner stated. "The victim's arm needed 18 stitches, and his stomach required 50 staples to close. The sentencing judge gave the attacker a conditional sentence of two years less a day to prevent him from being deported."
She emphasized her party's position clearly: "Non-citizens convicted of a crime should face the same consequences as Canadian citizens and when they are convicted of serious crimes, they should be deported. End story."
The ongoing debate raises fundamental questions about whether immigration should be considered a privilege rather than a right, and why Canada would bend its rules to allow those who break laws to remain in the country.
