C-220 (45-1) - An Act to amend the Criminal Code (immigration status in sentencing)
Chamber
commons
Stage
2nd Reading
Introduced
Sep 17, 2025
Progress
This bill would ban courts from considering how a sentence might affect a non-citizen's immigration status when sentencing.
Key Changes
- Adds a new section (718.202) to the Criminal Code
- Prohibits courts from considering the potential immigration consequences of a sentence when sentencing a non-citizen offender
- Also prohibits courts from considering the immigration impact on the offender's family members
- Applies to all non-Canadian citizens facing sentencing in Canadian courts
Gotchas
- Under current law, the Supreme Court of Canada (R. v. Pham, 2013) has allowed courts to consider immigration consequences as part of the principle of proportionality in sentencing — this bill would directly override that precedent
- The bill could result in more non-citizens receiving sentences that automatically trigger deportation under the Immigration and Refugee Protection Act (e.g., sentences of 6 months or more), which may be seen as an indirect immigration enforcement tool
- Critics may argue this creates a disparity in outcomes between citizens and non-citizens for the same offence, since immigration consequences are an additional punishment non-citizens face that citizens do not
- The bill does not address other aspects of sentencing discretion, only the specific consideration of immigration status impacts
- The bill applies to family members' immigration status as well, meaning courts cannot soften sentences to protect dependent family members from losing status
Who's Affected
- Non-Canadian citizens convicted of criminal offences in Canada
- Family members of non-citizen offenders whose immigration status could be affected
- Judges and courts conducting criminal sentencing
- Immigration lawyers and defence counsel who argue mitigating factors in sentencing
Vibes
0 responses
Gotchas
- Under current law, the Supreme Court of Canada (R. v. Pham, 2013) has allowed courts to consider immigration consequences as part of the principle of proportionality in sentencing — this bill would directly override that precedent
- The bill could result in more non-citizens receiving sentences that automatically trigger deportation under the Immigration and Refugee Protection Act (e.g., sentences of 6 months or more), which may be seen as an indirect immigration enforcement tool
- Critics may argue this creates a disparity in outcomes between citizens and non-citizens for the same offence, since immigration consequences are an additional punishment non-citizens face that citizens do not
- The bill does not address other aspects of sentencing discretion, only the specific consideration of immigration status impacts
- The bill applies to family members' immigration status as well, meaning courts cannot soften sentences to protect dependent family members from losing status
Summary
Bill C-220 proposes to amend the Criminal Code to prevent judges from factoring in a person's immigration status — or the immigration status of their family members — when deciding on a sentence for someone who is not a Canadian citizen. Currently, Canadian courts have some discretion in sentencing and may consider various personal circumstances, which some have interpreted to include potential immigration consequences like deportation. This bill would explicitly remove that consideration from the sentencing process for non-citizens. The bill was introduced by Conservative MP Michelle Rempel Garner. It appears aimed at ensuring that non-citizens face the same sentencing outcomes as citizens, without judges softening sentences to avoid triggering immigration consequences such as removal from Canada.
Automatically generated from bill text using Claude
Vibes
0 responses
Recorded Votes
| Date | Description | Yeas | Nays | Result |
|---|---|---|---|---|
| Mar 25, 2026 | 2nd reading of Bill C-220, An Act to amend the Criminal Code (immigration status in sentencing) | 158 | 171 | Negatived |