The practice of judges taking into consideration a person’s immigration status when sentencing them is creating two-tier justice: Leniency for those whose status in this country means they face deportation if they’re given a stiff sentence and tougher ones for citizens who don’t face such an outcome.

A 2013 Supreme Court of Canada ruling said judges could consider the impact of sentencing on the immigration status of a guilty person.

“A sentencing judge may exercise his or her discretion to take collateral immigration consequences into account, provided that the sentence ultimately imposed is proportionate to the gravity of the offence and the degree of responsibility of the offender,” the judges said in the case of a Vietnamese citizen who came to Canada under the sponsorship of his f

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