Tran v. Canada (Public Safety and Emergency Preparedness) – 2017 SCC 50 (Cote): [5] Section 36(1)(a) of the IRPA provides the basis for finding a permanent resident inadmissible to Canada on grounds of “serious criminality”: —36 (1) A permanent resident or a foreign national is inadmissible on grounds of serious criminality for (a) having been convicted in Canada of an Read more...
R v Duncan, 2018 ONCA 574 (Lauwers): [9] The issue before this court is, as in Pham, whether a sentence otherwise falling within the range of fit sentences can be varied by this court to take potential deportation into account. Trotter J. noted: “Wagner J. [in Pham] warned (at para. 16) that the consideration of immigration consequences ‘must not lead Read more...
R v CC, 2018 ONCJ 542 (B. Green): [16] While none of the statements that were prepared in this case used Form 34.2 in Part XXVIII, this Court clearly has the discretion to receive the statements in their current written format. Two of the statements are written in the style of a conversation with Mr. C.C. as opposed to direct Read more...
[63] I would summarize the above discussion as follows: 1) Minimum fines establish sentencing floors that apply regardless of ordinary sentencing principles. The imposition of fines above the minimum threshold is governed by ordinary sentencing principles, as well as any principles set out in the relevant legislation. 2) Section 59(2) of the POA vests a discretionary authority in trial judges Read more...
R v Duguay – 2019 BCCA 53 (Fitch): [RESIDENCY CONDITION] [75] The imposition of a residency condition by a sentencing judge will often be a critical component of an appropriate and just community-based disposition. As the Crown points out, if deprived of the power to impose such a condition, a sentencing judge could not prohibit: * a paedophile from residing Read more...