Bill C-237
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2nd Session, 35th Parliament, 45 Elizabeth II, 1996-97
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The House of Commons of Canada
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BILL C-237 |
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An Act to amend the Immigration Act and the
Transfer of Offenders Act
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SHORT TITLE |
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| Short title
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1. This Act may be cited as the
Immigration Enforcement Improvement
Act.
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| R.S., c. I-2;
R.S., c. 31 (1st
Supp.), cc. 10,
46 (2nd
Supp.), c. 30
(3rd Supp.),
cc. 1, 28, 29,
30 (4th
Supp.); 1990,
cc. 8, 16, 17,
38, 44; 1992,
cc. 1, 47, 49,
51; 1993, c.
28; 1994, c.
26, 31; 1995,
cc. 5, 15
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IMMIGRATION ACT |
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2. Section 3 of the Immigration Act is
amended by adding the following after
paragraph (f):
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3. The Act is amended by adding the
following after section 32:
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| Definition of
``serious
criminal
offence''
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32.1 (1) In this section and in paragraph
3(f.1), ``serious criminal offence'' means any
offence under the Criminal Code or any other
Act of Parliament for which a person, if
convicted, may be sentenced to a term of
imprisonment of ten years or more.
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| Application
for removal
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(2) Where a person who has applied under
this Act for entry into Canada is convicted of
a serious criminal offence, the court that
makes the conviction may, on the application
of the Crown or on its own motion, in addition
to any sentence imposed, order that the person
leave Canada, and for that purpose may
exercise any power respecting removal or
deportation of the person from Canada that
may be exercised by the Minister, an
immigration officer, an adjudicator or any
other official under this Act.
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| Application
for removal
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(3) A court considering whether to make an
order under subsection (2) shall
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| Information
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(4) Notwithstanding the Privacy Act, the
Crown, for the purpose of applying for an
order under subsection (2), is entitled to
receive and to present to the Court all
information respecting the person that is held
by any official under the authority of this Act
and relevant to the question of whether the
order should be made.
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| Appeal
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(5) Where a court makes an order under
subsection (2), the person who is the subject of
the order may appeal it under Part XXI of the
Criminal Code.
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| No other
remedy
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(6) Notwithstanding any other provision of
this Act, a person who is the subject of an order
of a court pursuant to subsection (2) may not
appeal the order under any provision of this
Act, nor by any procedure other than that
described in subsection (5) and any
application, procedure or appeal under any
other provision of this Act that is related to the
person's right to remain in Canada is
discontinued by the order.
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| Application
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(7) This section does not apply to a person
who
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| No other
release
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(8) If a court makes an order to remove a
person from Canada under this section, the
person is not thereafter entitled to any parole,
conditional release, statutory release,
temporary absence or accelerated review
under the Corrections and Conditional
Release Act other than an escorted temporary
absence for medical purposes, and any such
parole, conditional release, statutory release,
temporary absence or accelerated review that
is in effect at the time of the order is voided by
the order and the person shall be returned to
and shall remain in custody until the execution
of the order.
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| R.S., c. T-15;
cc. 27, 31 (1st
Supp.); 1992,
c. 20; 1993,
c. 34; 1995,
cc. 22, 42
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TRANSFER OF OFFENDERS ACT |
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4. The Transfer of Offenders Act is
amended by adding the following after
section 20:
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| Transfer of
foreign
offenders to
foreign state
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20.1 (1) This section applies to any foreign
offender in custody on the date this section
comes into force who is serving a term of
imprisonment in Canada of ten years or more.
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| Exception
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(2) Notwithstanding subsection (1), this
section does not apply to a foreign offender
who
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| Application
by Crown
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(3) The Crown may apply to the Federal
Court of Canada for an order that a foreign
offender be removed from Canada and
transferred to the custody of a foreign state of
which the foreign offender is a citizen, with
the consent of that foreign state.
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| Conduct of
hearing
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(4) The hearing on the application shall be
conducted according to the principles
provided for inquiries in sections 29 to 31 of
the Immigration Act.
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| Removal of
dependents
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(5) The order may provide for the removal
from Canada to the foreign state of members
of the family of the foreign offender on the
same basis as described in section 33 of that
Act.
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| Restrictions
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(6) No foreign offender may be transferred
to a foreign state pursuant to an order made
under this section unless the foreign state
agrees to, or law of the foreign state provides
for, conditional release of the foreign offender
on a similar basis to that provided in Canadian
law.
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