Rempel Garner: Conservatives to end leniency for non-citizen criminals

Likely a winner in terms of public opinion, likely among established immigrants and non-immigrants alike. Less divisive than 2015 “barbaric cultural practices” tipline or citizenship revocation:

…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 rationale for this change is straightforward. Anyone seeking residence or citizenship in Canada has responsibilities as well as rights. The citizenship guide clearly states that citizens must obey Canada’s laws and respect the rights and freedoms of others, and IRPA outlines the potential consequences for non-citizens who fail to do so. Without legislative clarity on considering immigration status in sentencing, judges can apply aspects of the Pham ruling to undermine that principle for non-citizens, effectively end-running the deportation consequences already enacted by Parliament through IRPA. 

In effect, the Criminal Code amendment that Conservatives plan to propose this fall will prevent judges from using aspects of the Pham ruling to prioritize the process of entering and staying in Canada over the responsibility to respect Canadian law required of those seeking to do so. It will also help quell anger from Canadians who have read about high-profile rulings where the perception has arisen that non-citizens are receiving leniency for a crime committed on Canadian soil simply by virtue of their non-citizen status.

The vast majority of people in Canada who have immigrated here or are on temporary visas  abide by the law. Removal from Canada for non-citizens after being convicted of a serious crime is a no-brainer to both protect Canadians, the value of Canadian citizenship, and every person who resides in Canada and plays by the rules. 

After a decade of Liberal post-nationalism and excessively high immigration levels, accepting this change would allow the Liberals to demonstrate some respect for Canadian citizenship by affirming that, at minimum, the privilege of residing here for non-citizens depends on adherence to the rule of law.

Source: Conservatives to end leniency for non-citizen criminals