The Conservative Party is advocating for changes to the Criminal Code, claiming that non-citizens receive lighter sentences than Canadian citizens for similar crimes. Conservative MP Michelle Rempel Garner expressed her concerns during a press conference in Ottawa. "When it comes to sentencing non-citizens, Canada has essentially adopted a form of two-tier justice," she stated. "This offends all principles of fairness that should be foundational to our justice system."

Currently, deportations are scheduled to allow time for appeals, but certain criminal sentences can strip offenders of their right to contest their removal. Rempel Garner emphasized the need for stricter measures, saying, "Removing non-citizens convicted of serious crimes is a no-brainer. Becoming a Canadian is a privilege, not a right."

In response, immigration experts argue that the Conservative view misrepresents the justice system. They assert that the law is structured to ensure that sentences are appropriate for the crime, regardless of the offender's citizenship status.

Rempel Garner announced plans to introduce legislation when Parliament reconvenes in September. This bill would prevent judges from considering a non-citizen's immigration status during sentencing. The Conservative Party stated that the proposed changes aim to "restore the value of Canadian citizenship."

The proposed legislation would clarify that the potential impact of a sentence on a non-citizen's immigration status or that of their family should not influence judicial decisions. Rempel Garner's assertion of a "two-tier" system stems from a 2013 Supreme Court ruling that allowed judges to consider immigration status as one of several factors in sentencing.

Audrey Macklin, a law professor at the University of Toronto, explained that judges typically consider various individual factors during sentencing. "That's what judges do in sentencing. They take into account factors that are individual that are relevant; this is just one more of them," she said. Macklin noted that other factors, such as substance abuse issues or parental responsibilities, are also considered.

She further clarified that while immigration status can be a factor, it cannot be used to impose a sentence below the minimum standard.

Under Canadian law, individuals ordered to be removed from the country cannot appeal their deportation if they have been convicted of certain crimes, including those with sentences of six months or more. Toronto immigration lawyer Pantea Jafari highlighted that the 2013 ruling was designed to ensure that the consequences of a sentence align with the judge's intent.

For example, if a judge believes a minor offense warrants a six-month sentence, a Canadian citizen would serve that time, while a non-citizen could face deportation without the right to appeal. Jafari explained that the ruling allows judges to adjust sentences to ensure comparable outcomes for citizens and non-citizens.

"To have [this provision] scrapped is really problematic and something that I would vigorously defend against," Jafari stated, emphasizing the importance of considering an offender's immigration status in sentencing.