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Justice

In question period, the Conservatives raised cases where judges gave lighter sentences to non-citizens convicted of serious crimes, citing a fentanyl conviction in Hamilton and an assault in Laval, and asked why the government allows sentences tailored to avoid deportation. The Liberals said they condemn fentanyl trafficking, have passed legal reforms for serious offenders, and noted a 2013 Supreme Court ruling that permits judges to weigh factors in sentencing; they said people without permanent status who commit serious crimes can face deportation and that they remain open to further justice-system measures. The minister also noted the member asking had been in cabinet when the ruling was issued.Written by AI from the debate. Updated .

Official text

4 statements

Michelle Rempel Garner

Conservative
“A judge gave a lighter sentence to a non-citizen drug dealer so they would not be deported. The government voted against our bill to stop this. I want to know why they still allow it.”
Official Hansard

Mr. Speaker, a non-citizen was recently convicted of dealing major amounts of fentanyl in Hamilton. People who deal fentanyl are merchants of death, but this is what the judge said when issuing the sentence: “I am concerned about the immigration consequences that may result from the sentence”. He should have been more concerned about the lives ruined by the crimes committed by this non-citizen. Instead, he gave the fentanyl dealer a lenient sentence so they would not be deported. Why did the Liberals vote against our bill to stop this, and why is this practice continuing?

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Sean Fraser

Liberal
“Dealing fentanyl is wrong. We changed laws to put dangerous criminals in jail, but judges still need the freedom to decide the right punishment for each case. We are open to more ways to make the justice system stronger.”

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Official Hansard

Mr. Speaker, let me first condemn the behaviour of anyone who takes part in the trade or trafficking of fentanyl or other dangerous drugs that have the potential to take the lives of Canadians. For our part, we have advanced a series of major legal reforms to ensure that criminals who commit serious crimes that pose a danger to the public find themselves behind bars. We also believe that the judicial system in Canada should retain its independence to be able to consider a multitude of factors to ensure that the punishment fits the crime in a given set of circumstances. We are happy to continue to look for ways in which we can strengthen the criminal justice system to protect Canadians and ensure justice for those who commit serious offences.

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Michelle Rempel Garner

Conservative

Linked statement

“A judge gave a light sentence to a non-citizen who badly attacked a woman, just so she would not be deported. The law says she should be deported. Why is she still in Canada?”
Official Hansard

Mr. Speaker, it is not working. Just this week, a non-citizen was recently convicted of viciously attacking a woman outside of a Laval, Quebec, bar, leaving her victim with bite marks all over her face. The facial wounds were several centimetres long. They necessitated repeated treatments and left a prominent scar. Her scars were so bad that people ask her what kind of animal did it to her, and yet the judge gave her attacker a lenient sentence so that she would not be deported. She deserves to be deported. It is what the law says. Why is she still here?

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Sean Fraser

Liberal
“People who commit serious crimes while on temporary status should face full legal consequences, including being sent out of the country. However, the Supreme Court ruled in 2013 that judges can look at many factors to decide on a fair punishment. The member asking this question was in cabinet back then and did nothing about it.”
Official Hansard

Mr. Speaker, as the member well knows, when a person with a temporary or non-permanent immigration status commits a serious crime, they should face the full range of the consequences permissible under the law. Oftentimes, that includes deportation, but the Supreme Court of Canada actually rendered judgment on this issue in 2013, indicating that courts retained the jurisdiction to hear a range of different factors to ensure that there is a fit sentence. What is fascinating is that, at the time, the member who posed the question was actually sitting at the federal cabinet table, was aware of the decision and chose to do absolutely nothing about it.

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