Bill C-321
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SUMMARY |
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This Act deals with persons other than Canadian citizens who are in
Canada as refugees, immigrants or visitors and who are convicted of
offences. The purpose of the Act is to deem those who have been
convicted of various types of offence, not including contraventions
under the Contraventions Act, depending on their status, to have gone
through the inquiry process the Immigration Act provides for and to
have been ordered deported. It avoids the need for the inquiry process
in such cases.
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A person who is a permanent resident or a Convention refugee will
be deemed to have been ordered deported if sentenced to at least 12
months imprisonment for an offence for which the law prescribes a
maximum sentence of 10 years imprisonment or more.
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Others, not being permanent residents or Convention refugees, i.e.
visitors, will be deemed ordered deported if convicted of any offence
under the Criminal Code, an indictable offence under any Act of
Parliament or an offence under any Act of Parliament by which the
person may be prosecuted by indictment or be punished on summary
conviction.
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If the conviction is overturned on appeal, the deportation order is
deemed not to have been made. However, the deportation order is not
itself appealable to the Appeal Division of the Immigration and Refugee
Board.
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