Calgary Conservative MP Michelle Rempel Garner (Calgary Nose Hill) has tabled a private member’s bill that would prevent Canadian judges from reducing sentences for non-citizens to help them avoid deportation.The legislation, Bill C-220, was introduced in the House of Commons on Wednesday. If passed, it would amend the Criminal Code to prohibit courts from taking into account how a sentence could affect the immigration status of an offender or their family members.The proposal builds on comments Rempel Garner made in August, when she announced the Conservative Party’s plan to address what she described as a “two-tier justice system.” .At the time, she said Canadian law allows judges to impose lighter sentences on non-citizens because of potential immigration consequences, something she argued “offends all principles of fairness that should be integral to our justice system.”Under current law, judges may consider the potential for deportation or loss of appeal rights under the Immigration and Refugee Protection Act when sentencing non-citizens. That approach was upheld by the Supreme Court of Canada in its 2013 ruling in R. v. Pham, which allowed courts to account for immigration impacts as “collateral consequences” when determining punishment..Rempel Garner has cited several recent cases as evidence for reform. One involved Akashkumar Khant, who pleaded guilty in December 2023 to attempting to purchase sex from a 15-year-old. An Ontario judge granted him a conditional discharge instead of a conviction, citing the severe impact a conviction could have on his immigration status, citizenship application, and ability to sponsor his wife.In other cases, judges have issued conditional discharges or reduced penalties to foreign nationals convicted of offences such as sexual assault or groping, specifically to avoid triggering deportation proceedings.“Anyone seeking residence or citizenship in Canada has responsibilities as well as rights,” Rempel Garner said, adding that her bill is intended to ensure equal treatment before the law..If adopted, Bill C-220 would overturn the effect of the Pham decision and restrict judicial discretion in cases involving non-citizens, aligning sentencing standards with those applied to Canadian citizens.Conservatives have also advanced related legislation aimed at tightening sentencing and prison classifications. On Friday, Niagara Falls MP Tony Baldinelli introduced Bill C-232, which would require all offenders designated by the courts as dangerous or convicted of mass murder to remain in maximum-security prisons. .The measure was brought forward following public outcry over the 2023 transfer of serial killer Paul Bernardo from a maximum- to a medium-security facility.Baldinelli said the legislation is intended to prevent similar decisions in the future and to reinforce public safety. The bill would amend the Corrections and Conditional Release Act by removing the current “least restrictive environment” standard for inmate placement and reinstating the previous “necessary restrictions” framework.It is part of a broader package of Conservative justice proposals, including stricter penalties for repeat violent offenders and expanded protections for victims of crime.
