moved that Bill , be read the second time and referred to a committee.
She said: Mr. Speaker, should judges be allowed to use a non-citizen's immigration status to issue a more lenient sentence to non-citizens convicted of serious crimes like sexual assault, just so that they can avoid deportation? The answer is no.
Tonight, I am pleased to speak to Bill , the one law for all bill, which represents and reasserts the principles already laid out in the Immigration and Refugee Protection Act with regard to the deportation consequences associated with non-citizens convicted of serious crimes, such as sexual assaults, in Canada.
The vast majority of people in Canada who have immigrated here abide by our laws. Removal from Canada for non-citizens after being convicted of a serious crime is a no-brainer to protect everyone, the value of Canadian citizenship and, frankly, every person who resides in our country and plays by the rules.
After a decade of Liberal postnationalism and excessively high immigration levels, accepting this change would allow the government to demonstrate respect for Canadian citizenship by affirming that, at a minimum, the privilege of residing here for non-citizens depends on adherence to the rule of law. Everything that I have outlined and that I will outline tonight will show that beyond rote partisanship, there is no reason for the government not to support this bill. In fact, to save Canada's pluralism, the government must start admitting its errors with regard to immigration and working across party lines to accept common-sense solutions.
Recent public polling shows that support for immigration among both Canadians and newcomers is at an all-time low. This opinion should shock and spur every person in this place to action to find ways to solve this problem. That is what I am trying to do with this bill today. Thankfully, the reason Canadians do not support immigration the same way they used to is not because Canadians are pointing their fingers at immigrants. Rather, Canadians who are unhappy about immigration are pointing their fingers where the blame should be placed, at a federal government that has, over the past decade, brought too many people in too fast for housing, health care and jobs to keep up, while simultaneously legislating a doctrine of postnationalism that asserts that there is no Canadian national identity, which includes things like an equanimous judiciary, for non-citizens to integrate into.
Canada is at a tipping point. The government must quickly act to restore the immigration system that it broke. If the government will not act, which it has not, then Parliament must. In the spirit of non-partisanship, I have used my private member's bill slot to correct one of the many areas the government needs to act on to fix the immigration system. Later tonight, I and my colleagues will move many amendments to Bill in a further effort to do the same.
Going back to this bill, to be fair to everyone and to prevent the further erosion of Canada's tolerance for immigration, we must ensure that non-citizens who commit serious crimes like sexual assault face the consequences that are already set out in our laws. At a bare minimum, non-citizens who abuse the great privilege of being in our country by committing a serious crime like sexual assault should face the deportation consequences that are already outlined in the Immigration and Refugee Protection Act.
Here is how we can do that. The bill before us tonight amends the Criminal Code by adding a new general sentencing principle under section 718. This is the section of the code where Parliament has exercised its right to provide guidance to the courts on how convicted offenders ought to be sentenced.
My bill proposes to add a simple, one-line new principle, section 718.202, which states that a court, when sentencing a convicted criminal “who is not a Canadian citizen shall not take into consideration any potential impact the sentence could have on the offender’s immigration status in Canada, or on that of a member of their family.”
This simple one-line provision ensures that provisions that are already outlined in the Immigration and Refugee Protection Act are enforced when sentencing non-citizens convicted of serious crimes, like sexual assault.
That is the how, and here is the why. In recent years, there have been multiple instances of judges issuing sentences to non-citizens convicted of serious crimes that were designed to allow them to evade deportation. The net effect of this practice in considering a non-citizen's immigration status in order to give them more lenient sentences to avoid deportation is to create a two-tiered justice system between non-citizens and those with Canadian citizenship.
This is unfair and antithetical to the principles of fundamental justice, and it has eroded Canada's immigration consensus. Here are but a few examples of the rampant, excessive number of times non-citizens convicted of serious crimes like sexual assault have been issued two-tiered, lenient sentences in very recent history, just so they would avoid the deportation consequences already set out in the law.
A non-citizen from India pleaded guilty to no fewer than four counts of voyeurism, which left his female victims with intense fear and anxiety and emotional distress. He was sentenced to five and a half months jail. Why? Despite the judge admitting that six to 12 months would have been a more appropriate sentence, this was to avoid deportation. The judge even said this.
In a 2024 Calgary case, another non-citizen from India was granted a conditional discharge for attempting to purchase sexual services from a 15-year-old girl. This was done to allow him to preserve his eligibility to become a Canadian citizen and avoid deportation. The judge cited in the sentence “the devastating collateral immigration consequences” of a harsher penalty. What about the victims'?
A non-citizen in Canada on a visitor permit was convicted of twice groping an 18-year-old woman's genitals under her skirt as she stood at a bar to buy a drink. This person, this non-citizen, received a discharge from the judge so he could have a deportation appeal.
In March 2024, a 24-year-old non-citizen from Surrey, B.C., received a conditional sentence of two years less a day for aggravated assault and possession of a weapon after stabbing a stranger. It sounds serious. What did the judge do? The judge rejected the Crown's four-year jail recommendation so the non-citizen would be able to avoid deportation.
In October 2025, just last month, Roosevelt Rush, a non-citizen from Jamaica, had his cocaine trafficking sentence halved from an expected term, while already serving six years for fentanyl and firearms offences, because the judge wanted to help him avoid deportation.
In 2024, in B.C., a non-citizen was convicted of fraud and received a six-month sentence, which a judge shortened from 10 months so he could avoid deportation.
In 2024, a non-citizen from Somalia was convicted of assault with threats against police and had their jail time cut short to evade deportation too. It was a refugee who committed these crimes while getting the benefit of Canadian sanctuary.
There is all this consideration for non-citizens convicted of serious crime to avoid deportation, but what about the victims? What about the value of Canadian citizenship or the responsibilities associated with being in our country? Being in Canada cannot just be about receiving the privileges and benefits of being in Canada, which are great. It also has to be about adhering to the responsibilities associated with that privilege, which includes adhering to the rule of law.
There are many other examples that illustrate the trend of immigration status being considered in sentencing, with criminal lawyers now routinely arguing for lighter sentences so their non-citizen clients can evade deportation or a denial of citizenship under IRPA's current provisions. Let me explain why this is happening.
Ever since the Supreme Court ruling in R v. Pham, the courts have been giving greater consideration to collateral immigration consequences when sentencing. To be clear, this court ruling explicitly ruled that this consideration does not constitute a charter right, a remedy or a charter breach. In fact, this ruling does not even mention the charter once. Furthermore, the court ruling also made clear that “The flexibility of our sentencing process should not be misused by imposing inappropriate and artificial sentences” and that to do so would be “circumventing Parliament's will”. That is clearly not what is happening.
Activist judges have twisted this ruling, as evidenced by the proliferation of examples I have given, beyond its scope in order to allow non-citizens who have been convicted of serious crimes to get more lenient sentences to avoid deportation. That is what is happening. Meanwhile, Canadians would not be given the same consideration, so we have a two-tiered justice system. The will of the court cannot be trusted if it is allowed to go unchecked, as it clearly has in all of these cases. My friends and colleagues, it is long past time for Parliament to exert its will and rein this poison in.
To be very clear to every colleague here, the Supreme Court has been clear that the people of Canada who are concerned by crimes committed by non-citizens have every right, through their elected representatives, to provide guidance to sentencing judges. That is exactly what this simple, common-sense, non-partisan bill would do. Just this morning, the Globe and Mail editorial board said that judges in our current system are “protecting non-citizens from the consequences of their criminal conduct”, lamenting that no one seems to consider “whether Canadians would want these offenders as citizens” in the first place. That was from the Globe and Mail.
While it is tempting to blame judges for this state of affairs, the fault lies with the federal government. In spite of the increased evidence of leniency in sentencing due to consideration of immigration status in recent years, it has declined to provide more clarity to judges through legislation. That is why I introduced a bill to amend the Criminal Code and rectify this issue. The rationale for this change is straightforward: Anyone seeking residence or citizenship in Canada, as I said, 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.
A non-citizen in Canada should accept individual responsibility for defending the democratic institutions of Canada's constitutional monarchy, which is an ordered liberty rooted in the principles of peace, order and good government. In practice, this means they will defend shared Canadian rights, like freedom of conscience and religion; freedom of thought, belief, opinion and expression, including freedom of speech and freedom of the press; freedom of peaceful assembly; freedom of association; and the equality of women and men. All Canadians and those seeking to become one are expected to abandon any violent, extreme or hateful prejudices and to contribute to Canada. They are expected to respect the rule of law and accept the consequences for not doing 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 that exist in IRPA. To those who would say this bill offends the principle of judicial independence, I want to make it clear that it is entirely appropriate for Parliament to offer guidelines to the courts on sentencing. Section 718 already does this in countless ways, but I will highlight four examples.
First, the very beginning of section 718 in the Criminal Code states in part that the fundamental purpose of sentencing is “respect for the law”. I would argue that Canadians lose respect for the law when it is not applied equally, as it has not been done in the case of non-citizens convicted of serious crimes like sexual assault.
Second, section 718.1 states:
A sentence must be proportionate to the gravity of the offence and the degree of responsibility of the offender.
I would assert that at no point has Parliament intended to say that the “responsibility of the offender” is reduced because of their immigration status. To suggest otherwise is to remove agency from an individual just because they were born in a different country, and that is wrong.
Third, subparagraph 718.2(a)(iii.1) lists the following as an aggravating factor for the purposes of sentencing:
evidence that the offence had a significant impact on the victim, considering their age and other personal circumstances, including their health and financial situation
Many of the cases I highlighted tonight involve sexual assaults, which obviously have a significant impact on the victim and disproportionately impact women. Our bill seeks to re-establish this general sentencing principle, which has too often been ignored.
Finally, paragraph 718.2(b) states:
a sentence should be similar to sentences imposed on similar offenders for similar offences committed in similar circumstances;
Obviously, giving the offender a lighter sentence just because of their immigration status offends this principle. It is well within Parliament's purview to reassert this general sentencing principle by further clarifying for judges that they should not take into account an offender's immigration status.
In closing, I would like to thank Sean Phelan, an unsung hero in Canadian history. A lot of people will not know this name, but he has single-handedly worked to reform Canada's justice system over the last 10 years. I thank him for his help on this bill tonight.
:
Mr. Speaker, in many ways, I disagree with the motivation that is behind bringing this piece of legislation forward. The member herself even made reference to what is happening with public opinion in regard to immigration in general.
Is it any surprise that the Conservatives like to feed that perception? We see that with a number of actions and statements that they make. Even when I posed a question, the member responded by saying that I laughed and that the Liberal Party laughed. That is just not true. At the end of the day, I suggest they look at what happened. I did not laugh. I take the issue very seriously.
What I see across the way is a Conservative Party that does not take the issue of judicial independence very seriously, nor do its members have any concept of what good, sound public policy is in the best interest of Canadians and permanent residents. They would like to talk about the extremes and then exaggerate them to the degree that they feed anti-immigrant feelings in our country. I say shame on them. I think it does a very strong disservice to Canadians in general.
Let us think of a permanent resident. We could have a permanent resident living in Canada for 40 years. Do members know that permanent residents actually have family members here, some of whom do have citizenship?
Let me give an example of one file I had not that long ago. There was a father who was married, and he had a number of children. I believe he had three, or it could have been four; it might have even been five. It was at least three children. They were all citizens, but he was not. For a number of reasons, he was not. He was a permanent resident. There was an incident that involved drugs. At the end of the day, I believe that at the—
An hon. member: He tried to buy sex work.
Hon. Kevin Lamoureux: Mr. Speaker, it is really shameful to hear the allegations that are being thrown out across the way about buying sex and sexual violence, attributing that to the individual I am talking about. Shame on them.
An hon. member: Shame on you.
Hon. Kevin Lamoureux: Mr. Speaker, they need to understand the system before they start levelling the allegations that they have.
The Conservatives need to be a bit more understanding in terms of what happens in our communities. There are individuals who make bad decisions. Sometimes it does not necessarily justify a deportation. In some cases, it does not justify it. There could be extenuating circumstances that need to be taken into consideration, yet the Conservatives stand back and say nothing.
Where is that caring attitude for real people who are not committing the types of crimes that have been referenced by the mover of this legislation? At the end of the day, with the types of crime that are being suggested, people are going to be deported anyway. If someone is going out there and raping another individual, do we really believe that they are going to get special treatment from a judge when they go before a court? It is nowhere near the degree to which the Conservatives are trying to put it on the record.
I would suggest that it does two things. It clearly demonstrates that the Conservatives do not have respect for judicial independence. They do not respect judicial discretion. They talk about the rule of law, but let us look at the legislation they have brought before the House. The legislation consistently questions judicial independence and a judge's ability to have judicial discretion. They bring in legislation that is not charter-proof. They are prepared to walk on the rights of Canadians and, I would even suggest, permanent residents. Not everyone gets Canadian citizenship and has been here for 40 years. They do not for a number of different reasons.
It affects all communities. If you stand up and you are going to a multicultural event, tell them to their faces your feelings that even though they are here for 30 years, they should not be treated like a Canadian. Shame on the Conservative Party.
We live in a multicultural society, and there are good reasons for that. Many constituents whom Conservative members represent do not have a Canadian citizenship. There are well over a million plus; I would suggest it is probably over two million people who live in Canada who have been here for years and do not have Canadian citizenship.
At times some of them might fall on the other side of the law, and it does not necessarily mean that they are bad people and have to be deported. In certain situations, yes, but the difference is that Liberals believe in judicial independence. We understand the necessity of having discretion for our judges.
The Conservatives were talking about immigration numbers. The member for made reference to the “high immigration” numbers. Let me remind the Conservatives that I was in the opposition when Stephen Harper, back in 2014, said that they wanted to increase the number of temporary students and instructors to over 400,000 temporary visas by 2022. That was a Stephen Harper commitment. Following that, we had a pandemic.
There is a reason we have the situation we have today. Yes, there is responsibility on all of us, on all sides, to try to do what we can to stabilize our immigration, temporary visas and so forth, but continually and consistently, we hear from Conservatives who downplay the importance of immigration. They have a lack of respect for permanent residents, and we have seen a good example of that today. I would suggest that the Conservatives need to stop thinking about the far right movement within their caucus and start thinking in terms of what is in the best interests of Canadians.
This is legislation, as you can tell, that I will not be supporting. I do not see the merits of it. I think it is a betrayal of judicial independence and a betrayal of allowing judges to have discretion.
The Conservatives have not demonstrated at all that judges as a whole have not used proper discretion. Yes, there could be individual cases out there, but I have not heard a great amount of detail on those cases. Many of the types of cases we hear today are the same types of cases that would have been told when Stephen Harper was the prime minister and the current of the Conservative Party sat around the Conservative caucus, but at that time, they did not do a thing.
Today, the Conservatives are so far to the right that they want to appeal and say things that are ultimately, I would suggest, anti-immigrant. That is the reality. That is the type of thing we are seeing from the Conservative Party as it makes that shift even further and further to the right. It is no wonder Joe Clark said that he did not leave the Conservatives; the Conservative Party left him. It is the reason we have Kim Campbell feeling so uncomfortable with today's Conservative Party.
Is it any wonder that, at the end of the day, the Conservative Party needs to start seriously doing some internal review? We will wait and see what happens to the of the Conservative Party. I suspect he might get a few bumps, but at the end of the day I suspect he will survive, because the majority of the caucus is far to the right, based on the types of things we have been hearing in terms of not wanting the government to invest in social programs and that there is no role for the Government of Canada to build on social programs, whether it is health care, pharmacare, dental care, food for children, child care programs or supporting our seniors.
The far right and the Conservative Party do not like government. That is the type of thing we are seeing more and more of coming from the Conservative Party of today inside the House of Commons.
Some hon. members: Oh, oh!
Hon. Kevin Lamoureux: Good luck. I hope you are in opposition for many more years to come.
Mr. Speaker, I hope that common sense will prevail and this legislation will not even make it to committee.
:
Mr. Speaker, this bill, in principle, deserves to be studied. In addition, the Supreme Court tells us that the immigration status of an accused should be taken into consideration. When reading the bill before us today, we get the impression that the mover understood that this was supposed to be the determining factor. That is obviously not what the Supreme Court said, and that is not what we think. It would be absurd if people with a precarious citizenship status could in fact commit crimes without punishment. I would be the first to be outraged and object to that.
However, things are not there yet. That is one factor among many. That is what the Supreme Court said, and that is what we are being asked to consider. However, we need to make a distinction between two scenarios.
Let us take the case of a drug trafficker who has already been convicted or charged in his own country, who finds himself in Canada and gets arrested with significant amounts of drugs, and says that he does not yet have Canadian citizenship status. Personally, I would not shed too many tears over the fact that he would never again have an opportunity to get his Canadian citizenship. I do not think that would be a big loss for Quebec society or for Canadian society.
Let us consider another case, a mother of three young children who is here waiting for her status, whose work permit has expired and has not been renewed for all sorts of administrative reasons. Her children have nothing left to eat, and she gets caught stealing a ham at the grocery store. That is an offence. It is theft, but will she be sent back to her country of origin because of it? The judge should not find her innocent of the crime since she did commit, but should it be a factor in sentencing? I think so.
The drug dealer who gets caught stealing a ham at the grocery store and the mother who gets caught doing the same thing may technically be committing the same offence, but I believe the court should take that into consideration. That is what we call judicial discretion or human justice. That is something Quebeckers believe in.
I would also be curious to hear someone talk about the frequency of crimes committed by newcomers. I am not sure there are that many. Newcomers are so focused on integrating, finding a job, learning the language, supporting their family and sorting out their health care and education needs that I doubt they would feel inclined to get mixed up in crime. I am not saying that it does not happen, but it is probably not a common occurrence that requires much of our attention.
On top of that, those among this group who commit crimes are not usually inveterate, dangerous or hardened offenders. I do not think there are many, if at all. In fact, the main cause of crime, whether for newcomers or long-time residents, is poor integration. These are people often called social misfits: people with no job and no interest in working, who for a variety of reasons live on the margins of society. They often commit offences like drug use, trafficking and so on. The problem, however, is that these people have fallen through the cracks of our society. They are are not well integrated or well adjusted. Social services try to help them and bring them back into the fold.
When we talk about newcomers, we are also talking about good integration. A poorly integrated newcomer will certainly be tempted by crime, convenience, theft, violence and drug trafficking. Poor integration will certainly encourage that type of situation. However, successful integration, with newcomers who have been taken care of, who have found a job, whose children are in school and who have learned the language, will ensure that those people do not commit crimes. If there are people, they are extremely rare. They will not come up.
What is the federal government doing to integrate newcomers? The bill before us proposes that newcomers who commit a crime be sent back to their home country. I agree, as I said earlier, at least in some cases. In other cases, I am less inclined to agree. That said, what is being done to integrate newcomers? What is being done to ensure that they do not fall into the trap of crime? Nothing is being done. There is no money and no transfers to the provinces. There are no resources. There is no collaboration between the federal government and the provinces.
The federal government sets its immigration thresholds and issues invitations. Members will recall when our former prime minister quite spectacularly invited all immigrants who were unhappy in the United States and who were not being treated properly to come here. He said that Canada would welcome them with open arms. He organized the party and sent out the invitations, but he forgot he had to buy beer and sandwiches for everyone. Many people came to Canada, and the vast majority of them entered Quebec.
Why did they come to Quebec instead of going elsewhere? That question may need to be explored at some point. I do not have that information or that kind of expertise. Nevertheless, they came to Quebec, and the province had no choice since immigration is a provincial responsibility. They had to be integrated, schools had to be paid and clothes had to be purchased. People need to be dressed for winter. It is cold during the winter, and people need boots and coats. They also need health care. Steps had to be taken to determine whether parents who wanted to work could get work permits. They had to be housed, despite the housing crisis. There has been much talk about the fact that the housing crisis was more pronounced because of the influx of migrants, yet the federal government never did anything to integrate them. The federal government left it up to the provinces to figure it out. They had to make the arrangements. Then the government wonders why these people are not integrated and why some of them commit crimes.
Before coming to the House, I did a quick Internet search on newcomers. I did not have to look very far. On August 30, 2025, just a few months ago, a Canadian-American family from Bromont was facing deportation after 15 years in Canada. Four of the six children are Canadian; they all speak French; they love Quebec; they are well integrated, and they want to stay. However, for reasons unknown, the mother received a deportation notice and had a choice between going on her own and leaving the children here, or taking them with her and returning to where she came from. That is not a very elegant integration process. The woman had not committed any crimes, and she was working.
I have another example, that of a family originally from Mexico. This is more recent news, from November 5. It was my colleague and friend, the member for , who stepped in. According to the newspapers, a Mexican family with two autistic children narrowly avoided being deported from Canada. That family found out that they were getting a reprieve just one hour before boarding the plane. The family has three young children and they have been in Quebec for seven years. Two of those children have severe autism and were born in Canada. I will not tell the rest of the story because I am running out of time.
Here is another example, from November 3. It concerns a 26-year-old man whose family is here in Quebec. His 24-year-old wife was presented with a fait accompli. She received a deportation notice. They have a child. She was forced to return to Mexico. He returned to Mexico with his wife and child because he did not want to leave her all alone. That is not very nice. That is what the federal government is doing in terms of integration.
There are not many options left for Quebec. We can continue to let the federal government bring people into our province without helping us integrate them, which creates untenable situations. We can also make a decision. We may have to make a decision and take control of all the levers. If Quebec wants to succeed, it will have to be sovereign and take control of all the levers. We will have to collect our taxes and use them to integrate these people. We will have to decide for ourselves who we welcome, when, where, and how we integrate them. In the meantime, we are subject to ill-conceived federal decisions that create problems for us. Unfortunately, I suspect we have not seen the end of it.
Quebec has to become independent in order to have full power, determine immigration thresholds, collect its own taxes, and use them appropriately. This is the only solution I see for us to get out of this situation, unless the federal government wakes up and decides to start working with the provinces and with Quebec.
:
Mr. Speaker, 10 years of radical open borders policies and mass migration have undermined confidence in what was the best system of immigration anywhere in the world. The Liberals imposed this radical approach without any care, consideration or thought for the strains it would place on our housing, health care and job market. The result is chaos in our streets.
Nowhere is this problem more acute than in the area of lawlessness and criminality that the Liberals have invited through the system. They have allowed people to come to this country and get visitor visas and other permits to enter Canada without actually performing any criminal background checks. To this day, there are 400 criminals who have since been ordered deported but have not left and have vanished completely into Canadian society.
Furthermore, our legal system now discriminates against Canadians and in favour of non-Canadian, non-citizen criminals who are here, in fact, lowering the sentences they receive for convictions in order to allow them to stay. This is an unbelievable perversion of justice that does exactly the opposite of what we should seek. It should be a stated policy of our system to get criminals out of Canada. If someone is not a citizen, not a Canadian and commits a crime, then they should be shown the door because becoming a citizen of this country requires good, law-abiding behaviour that will protect the well-being and the interests of this country.
I will read through some examples of the kind of backward thinking that has pervaded our system.
In the Pham decision, a key matter was that the sentence had to be reduced in order to allow the defendant to stay in the country.
In 2023, in another case, a 30-year-old man, Akashkumar Khant, tried to have sex with a 15-year-old at a Mississauga hotel for $140. He received only a conditional sentence because a stronger penalty would have hindered his and his wife's ability to obtain Canadian citizenship. On June 25, Khant was sentenced to a conditional discharge for committing an indecent act. For three months, he was placed under house arrest, during which time he was able to go shopping for three hours every Sunday, attend religious services and medical appointments, and travel to and from work, with 12 months of probation afterward. In other words, his sentence was specifically reduced so that he could stay in Canada.
In 2024, a 25-year-old non-citizen, originally in Canada on a study permit and then a visitor permit, sexually assaulted an 18-year-old at a club in Calgary. Despite being found guilty, the court, led by Justice Anne Brown, took into account that he would be deported without appeal if the charge was one of sexual assault. Therefore, the court decided to discharge him and subject him to 15 months of probation. If he had been a Canadian, he would have been convicted of sexual assault and actually gone to jail, but as a privilege for being here as a non-citizen non-Canadian, he had his sentence reduced to no jail time and therefore was allowed to stay in this country.
On July 22, 2025, a Canadian judge hit the brakes on a guilty plea from a non-citizen linked to a homicide and facing serious criminal charges, citing discomfort with the fact that the accused would likely be deported if found guilty.
Victor Bueron, a 22-year-old Filipino national, was set to plead guilty on multiple charges stemming from a high-risk takedown by Barrie Police earlier this year. He was arrested on January 17, along with several co-accused, after officers stopped a vehicle in a north end plaza and allegedly found drugs and firearms. His sentence was reduced to preserve citizenship possibility.
In October 2025, Roosevelt Rush, a Jamaican national convicted of smuggling 55 grams of cocaine while already on bail, had his sentence slashed in half to just 12 months from what would have been a proportionate due sentence. In part, this was because of his immigration status.
Again, on October 2, a judge reduced the sentence of Aswin Sajeevan, who was here on a study visa, to just five and a half months in jail because a sentence of six months would have made him inadmissible to Canada on grounds of serious criminality. According to an article, the judge specifically weighed the “immigration consequences” for the former international student, who spied on his female housemates through a peephole in the bathroom wall; he made videos recording the four of them in various stages of undress over a period of six months.
We see example after example in which judges are specifically lowering the sentences of non-Canadian citizens in order to allow them to stay in Canada. We welcome law-abiding, hard-working Canadian immigrants, people who want to come and productively build our country while following our laws. We do not welcome people who want to come here and commit crimes. That is why I am very pleased that the member for has introduced the bill which I rise to speak to today, Bill , an act to amend the Criminal Code, which would prohibit judges from lowering sentences or penalties on the basis of immigration status. We have one law. It should apply to every person equally. A person who does the crime should do the time, and if that makes them ineligible to stay in Canada, then they must leave, full stop. That is just the reality.
Canadians have the right to live in peace and tranquility. They have the right to know that when they walk out the front door, they will not be harmed. They should also have the right to valued citizenship. We do not give away citizenship to anyone who comes here and breaks our laws. Arriving here as an immigrant means that there is a certain degree of responsibility, just as there is for those who are born here. Those responsibilities include following the laws, respecting others and protecting the safety of fellow Canadians and newcomers to this country.
We believe in a system of controlled, merit-based immigration, in which we welcome people who want to join the Canadian family, work hard, succeed and build a better life. The vast majority of immigrants seek exactly that. They come, often fleeing violence and danger, but when they arrive here, they do not expect to be victimized by criminals who then use loopholes in order to stay in Canada and avoid penalty under the law.
As Conservatives, we believe that Canada can once again be a safe place where all people feel that they live in peace and harmony, where their property and their persons are protected, where everyone is equal under the law, where people are held accountable for their behaviour and where, most of all, Canadian law becomes paramount and anyone who comes here understands that following the law is the basic responsibility that is necessary to graduate from visitor to temporary resident, permanent resident and, eventually, citizen. Citizenship in Canada must have restored value, and that value starts with respecting the safety and the security of every Canadian and the rule of law in our land.
:
Mr. Speaker, I am grateful for the opportunity to speak today to private member's bill, Bill , an act to amend the Criminal Code with regard to immigration status in sentencing, introduced by the member for .
This bill raises fundamental questions about our justice system, such as the individualization of sentences, proportionality, parity and, above all, the key role the judiciary plays in determining fair sentences that are tailored to the circumstances of each case. It also touches on the delicate but very real intersection between our criminal justice system and our immigration system.
However, far from improving this system, Bill C‑220 weakens it. It seeks to take away some of the critically important discretion judges have and to overturn, without justification or evidence, the Supreme Court of Canada's unanimous jurisprudence. This should be of concern to us all.
According to the Conservative member who introduced this bill, the courts give preferential treatment or overly lenient sentences to non-citizens when they consider the consequences of immigration, such as the loss of the right to appeal or the possibility of removal from Canada.
The facts do not support this claim. No study, no analysis and no attorney general, either federal or provincial, has indicated that the courts are misusing the existing jurisprudence. When very minor sentence reductions occur, such as a one-day reduction, they are rare, transparent and entirely subject to appeal. The bill therefore proposes a heavy-handed and rigid solution to a problem that simply does not exist.
The bill creates a new section 718.202 in the Criminal Code that would explicitly prohibit judges from considering any immigration-related consequences when sentencing someone who is not a Canadian citizen. In other words, even if a sentence of six months, rather than five months and 29 days, automatically triggers the loss of the right to appeal a deportation order, the court would be legally obligated to ignore the very real impact and serious consequences this would have.
Citizens serve their sentence and return to their community. Permanent residents and people who came to Canada when they were children could be sent back to a country they do not know. Judges would be forced to pretend as though this reality does not exist. That is not justice, it is not proportionate and it is certainly not what our Constitution requires.
In 2013, under a Conservative government, the Supreme Court of Canada clearly stated that some of the very real consequences of sentencing include consequences related to immigration status and, as such, they can be considered by the courts. The court made two key points on the matter. Yes, a judge can take into account immigration-related consequences to ensure that the sentence, as a whole, remains proportional to the crime committed. The court also said that, no, those consequences cannot outweigh the seriousness of the offence or the moral responsibility of the accused, no matter what Conservatives say. The framework we have is balanced, reasonable and constitutional, and it has been working for over a decade. However, today, the Conservatives are proposing to abolish that jurisprudence. They were in power when that decision was made. They had two years to do something about it, if they thought it was really a problem, but they did not do so.
The member for and the , who was the member for Carleton at the time, were government members then. However, they did nothing at the time. That tells us that what they are trying to do today is not to correct an injustice, but to recycle a punitive policy that, at the time, had already been subject to constitutional challenges on a number of occasions.
Anyone familiar with criminal law knows that. Sentencing is based on a fundamental principle: individualization. Two people who commit the same crime will not necessarily have the same history, vulnerabilities or family responsibilities, nor face the same consequences. The courts already take a wide range of collateral consequences into account for all Canadians, not just for immigrants. Collateral consequences can include the loss of a job, the risk of homelessness, a lengthy family separation, mental health impacts and, in some cases, the inability to pursue an education. Why, then, single out only one category of consequences—immigration consequences—and prohibit judges from considering them?
This inconsistency clearly shows that Bill is not founded on legal logic, but on political logic. In reality, the effects of a criminal sentence vary widely depending on the immigration status of the person convicted.
The Immigration and Refugee Protection Act states that a sentence of six months or more means an automatic loss of the right to appeal a deportation order, and a sentence of more than six months or an offence punishable by 10 years means that it is possible to be deemed inadmissible on the grounds of a serious crime.
Those consequences are not part of the Criminal Code. They are the result of a parallel administrative regime created by Parliament. Prohibiting judges from considering those consequences means accepting or even institutionalizing the fact that two people convicted of the same offence will experience fundamentally different consequences. Yes, a two-tier justice system, that is what our Conservative colleague wants to set up with Bill , and it is the opposition's bill that would create that injustice, not the courts.
Our government opposes Bill C‑220, particularly because it is ill-conceived, because it is not based on evidence, because it violates the principle of proportionality, parity and fundamental justice, and because it would undermine judicial independence, a pillar of the rule of law.
When someone proposes measures to amend the Criminal Code, when they say they want to improve public safety, they need to approach it seriously in the House. They need to ensure that the proposed measures truly respect our Constitution. That is not the case here. Bill C-220 and other private members' bills introduced by colleagues from the official opposition would be struck down by the courts. This is simply a waste of time, a waste of resources and results in disappointment for Canadians.
On our side of the House, we understand that, and we make sure that we propose legislation that is truly tailored to the situations we are dealing with. We also ensure the proposed legislation is constitutional. For example, I am thinking of Bill , which proposes a major overhaul of the Canadian bail and sentencing system. This bill proposes more than 80 amendments to the Criminal Code that are, I repeat, in line with our Constitution. We want to make it more difficult for criminals, particularly violent repeat offenders, to obtain bail and ensure that sentences are truly proportional to the crimes committed. We are very serious about safety in our communities. I invite my colleagues to support us in our legislative work on Bill C-14.
Other initiatives that come to mind are Bill , which aims to strengthen border security; Bill , which aims to combat hate crimes in our communities; and our commitment to better protect victims of intimate partner violence. There is also our strategy to combat fraud and financial crimes that typically impact vulnerable people such as seniors. Our government is serious. We are going to implement the first anti-fraud strategy, and we have allocated resources in the 2025 budget to support these initiatives.
I am also thinking of all the investments being made in the 2025 budget. This demonstrates how serious our new government is about public safety.
I am thinking of our border plan, the largest investment ever made Canada to ensure that our borders are secure. This is an important issue in my riding given that it has more than five border crossings. I am also thinking about our investments to increase the number of RCMP officers and CBSA agents. When we invest in public safety, we also understand that we must prevent crime upstream. That is why we are investing in housing, mental health and youth supports—to address the issue of petty crimes and property crimes before they even happen.
With Bill C‑14, we are strengthening actions against those who pose the greatest risks. In addition, with our budget, we are also investing in preventing crime from happening in the first place, and that is very important.
Bill C‑220 will not make Canadians safer. It will not build trust in the justice system. It will only lead to injustices, inconsistencies and predictable constitutional challenges. Our role is to build an effective, fair and evidence-based justice system, not to build one based on political slogans. However, the bill from the member for puts rhetoric ahead of sound, evidence-based policy. Justice must not be blind to the consequences of its own decisions. Bill C‑220 calls for exactly that, and for these reasons, I will be voting against the bill, and I am asking all my colleagues from all parties to vote against it.