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Canada Limits Immigration Factors in Court Sentences for Non‑Citizens

Full Title: An Act to amend the Criminal Code (immigration status in sentencing)

Summary#

This bill changes the Criminal Code of Canada. It states that when a court sentences someone who is not a Canadian citizen, the judge cannot consider how the sentence might affect the person's immigration status in Canada. This means courts will focus on the crime and not on the person's citizenship or potential immigration consequences.

What it means for you#

For people who are not Canadian citizens, this bill means that the court's decision about their punishment will not include concerns about their immigration. Even if the sentence could cause them to lose their ability to stay in Canada or affect their family members’ immigration status, the judge will not consider that in their decision. This could lead to harsher or different sentences for non-citizens because their immigration situation will not influence the court’s ruling.

Expenses#

No publicly available information.

Proponents' View#

Supporters say this bill makes the sentencing process fairer for non-citizens. They believe that decisions should focus only on the crime, not on immigration issues, which could vary widely depending on circumstances. Supporters argue that this change prevents immigration status from unfairly influencing criminal penalties and ensures consistent sentencing regardless of citizenship.

Opponents' View#

Critics argue that this bill limits the ability of courts to consider all factors that could be relevant to a case. They claim it could result in sentences that are more severe or not suited to the individual’s situation, particularly if the person's immigration status is linked to their circumstances. Opponents also worry it reduces flexibility and could lead to unintended consequences for non-citizens and their families in Canada.

Criminal Justice

Votes