Everyone pursuing residence or citizenship in Canada has responsibilities as well as rights.
And becoming a Canadian is a privilege, not a right.
Our federal Conservative Caucus has announced that we'll introduce new legislation to amend the Criminal Code of Canada to help safeguard the value of Canadian citizenship and increase public safety.
This effort aims to end the practice of judges considering a non-citizen’s immigration status when issuing a sentence for serious crimes.
Under Canadian law, a non-citizen found guilty of a criminal offence (with a sentence of more than six months or a conviction for an offense with a maximum sentence of at least 10 years) may face deportation or be denied entry into Canada or lose their right to appeal a removal order.
But since 2013, a Supreme Court ruling (R. v. Pham) has permitted judges to consider immigration status and issue more lenient sentence or discharges to offenders who're guilty of violent crimes such as sexual assault, armed robbery or vehicle theft.
In one widely-reported case, a non-citizen living in the GTA received a conditional sentence after admitting that he attempted to purchase sexual services from a 15-year-old girl – all because a stronger penalty could have prevented him (and his wife) from obtaining Canadian citizenship or appealing a potential deportation order.
In another case, a non-citizen on a visitor’s permit since 2018, was convicted of twice groping an 18-year-old woman’s genitals as she attempted to order a drink at Calgary bar. At trial, the man was found guilty of sexual assault but not convicted. Instead, the judge issued a discharge so the man could avoid a permanent criminal record and retain his right to appeal a future deportation order.
Our proposed bill will add a new section after Section 718.202 of the Criminal Code to clarify that the potential impact of a sentence on the immigration status of a guilty non-citizen criminal (their family members) cannot be taken into consideration by judges.
Will you support our effort?
Sign on now to help protect our communities and safeguard the value of Canadian citizenship.
Our Petition
Whereas Canada has essentially adopted a form of two-tier justice where judges may issue more lenient sentences or discharges to individuals who are non-citizens;
Whereas this practice undercuts the principles of fairness that should be foundational to our justice and immigrations systems; and,
Whereas the removal of non-citizens from Canada who've been convicted of serious crimes will help increase public safety,
Therefore
We, the undersigned, call upon the federal government to adopt legislation which stipulates that a non-citizen's immigration status shall not be considered by a judge at the time of sentencing for a serious Criminal Code offence.
N.B.: You're welcome to sign this petition once per valid e-mail address. If another member of your household wishes to sign on, please logout or reload this page and sign on with another e-mail address. We require your name and address to confirm your residency and validate your support for this petition.