In criminal sentencing, judges must not consider collateral immigration consequences when determining sentences, as doing so can result in disproportionately lenient sentences for non-citizens compared to Canadian citizens for the same offenses, which violates the principle of proportionality in sentencing.
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A second example was another non-citizen who stabbed a victim with a knife. The victim required 18 stitches and 50 staples to heal up their body. This is a serious a serious crime. The Crown asked for 4 years and the defense asked for a conditional sentence. Now, why did they ask for a conditional sentence? Well, because that would avoid the deportation angle and it would also allow them the ability to appeal to appeal their immigration status should they need to do it. And so, what do you think the judge did? The judge said, "Oh, you're right. We need to be careful about this because of the immigration status, so we're going to we're going to go with the conditional sentence."
Which is not what would have happened to any other Canadian citizen had they been in this situation. And so, here again we've got a case where the judge was lenient to a to an extreme degree on this particular person. So much so that the Crown appealed this to the BC Court of Appeal and the higher court found that the judge had used the collateral immigration consequences at issue here to reduce the respondent's sentence to the point where it became disproportionate to both the gravity of the offense and the moral blameworthiness of the offender.
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