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Bill C-261

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1st Session, 36th Parliament,
46 Elizabeth II, 1997

The House of Commons of Canada

BILL C-261

An Act to amend the Immigration Act and the Criminal Code (refugee or immigrant applicants convicted of an offence on indictment)

      Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

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, cc. 26, 31; 1995, cc. 5, 15; 1996, cc. 8, 11, 16, 19; 1997, c. 22

IMMIGRATION ACT

1. Section 3 of the Immigration Act is amended by adding the following after paragraph (f):

    (f.1) to remove from Canada persons who have been ordered to be so removed under section 32.2;

2. The Act is amended by adding the following after section 32.1:

Interpreta-
tion

32.2 (1) In this section, ``indictable offence'' means any offence under an Act of Parliament in a case where a conviction was secured by way of indictment.

Claimant for refugee status convicted

(2) Subject to section 664.1 of the Criminal Code, where a court convicts a person of an indictable offence and the person has made a Convention refugee claim but had not, at the time the offence was committed, been granted the right to come into Canada, or the person has been determined to be a Convention refugee but has not, at the time of conviction, become a citizen, the court that makes the conviction may, in addition to any sentence imposed, on its own motion or on the application of the Crown, order

    (a) that the person leave Canada immediately and the sentence be suspended until the person returns to Canada; or

    (b) that the person serve a term of imprisonment, not be released in Canada and be removed from Canada immediately on having completed the sentence or on becoming entitled, pursuant to any Act, to be released before the end of the full term of the sentence.

Applicant for immigration convicted

(3) Subject to section 664.1 of the Criminal Code, where a court convicts a person of an indictable offence and the person has sought landing but had not, at the time the offence was committed, been granted the right to come into Canada, or the person has been granted landing, but has not, at the time of conviction, become a citizen, the court that makes the conviction may, in addition to any sentence imposed, on its own motion or on the application of the Crown, order

    (a) that the person leave Canada immediately and the sentence be suspended until the person returns to Canada; or

    (b) that the person serve a term of imprisonment, not be released in Canada and be removed from Canada immediately on having completed the sentence or on becoming entitled, pursuant to any Act, to be released before the end of the full term of the sentence.

No bail, release or unescorted absence in Canada

32.3 (1) Notwithstanding any other provision of this or any other Act, a person who is the subject of an order made under paragraph 32.2(2)(b) or 32.2(3)(b), who becomes entitled, under any Act, to release of any form on or before the completion of the full term of the sentence, shall not be released in Canada, but shall be first removed from Canada and then released outside Canada.

No bail, release or unescorted absence

(2) Notwithstanding any other provision of this or any other Act, a person who is the subject of an order made under paragraph 32.2(2)(b) or 32.2(3)(b) shall not be granted

    (a) bail or any other form of interim release; or

    (b) any temporary absence from custody that is not escorted.

Time before new application

32.4 (1) A court making an order under section 32.2 may also order that a specified period must elapse before the person may make a new application to remain or come into Canada as a refugee or immigrant.

If no order made

(2) If no order is made by the court under subsection (1), the person convicted, if not yet admitted to Canada as an immigrant or determined to be a Convention refugee, may not apply for landing in Canada or to be a Convention refugee until three years after the date of conviction.

Removal of dependants

32.5 A court making an order under section 32.2 may also order the removal from Canada of any person who entered Canada as a dependant of the person convicted, and was a dependant of the person convicted on the date the offence was committed.

Enforcement

32.6 For the purpose of enforcing an order made under subsection 32.2(2) or (3) or section 32.5, a court may, by order, exercise any power respecting the removal or deportation of the person from Canada that may be exercised under this Act by the Minister, an immigration officer, an adjudicator or any other official.

Right to be heard

32.7 In considering whether to make an order under section 32.2, 32.5 or 32.6, the court shall permit the convicted person or dependant, as the case may be, to make representations to the court as to why the order should not be made or the power exercised.

Exemption from Privacy Act

32.8 Notwithstanding the Privacy Act, the Crown, for the purpose of applying for an order under section 32.2, 32.5 or 32.6, 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.

Appeal

32.9 (1) An order made by a court under section 32.2, 32.5 or 32.6 may be appealed under Part XXI of the Criminal Code.

Other procedures excluded

(2) Notwithstanding any other provision of this Act, a person who is the subject of an order of a court pursuant to section 32.2, 32.5 or 32.6 may not appeal or apply for a review of the order under any provision of this Act, nor by any procedure other than that described in subsection (1).

Other procedures discontinued

(3) Notwithstanding any other provision of this Act, if a person is made the subject of an order of a court pursuant to section 32.2, 32.5 or 32.6, any extant application, appeal or other procedure made by the person under any other provision of this Act that is related to the person's right to remain in Canada is discontinued.

Minimum 3 - year delay for citizenship

32.10 A person who is already admitted to Canada or has been determined to be a Convention refugee, who is convicted of an indictable offence before becoming a citizen, and in respect of whom no order has been made pursuant to section 32.2, may not apply to become a citizen until three years later than would otherwise be the case.

R.S., c. C-46; R.S., cc. 2, 11, 27, 31, 47, 51, 52 (1st Supp.), cc. 1, 24, 27, 35 (2nd Supp.), cc. 10, 19, 30, 34 (3rd Supp.), cc. 1, 23, 29, 30, 31, 32, 40, 42, 50 (4th Supp.); 1989, c. 2; 1990, cc. 15, 16, 17, 44; 1991, cc. 1, 4, 28, 40, 43; 1992, cc. 1, 11, 20, 21, 22, 27, 38, 41, 47, 51; 1993, cc. 7, 25, 28, 34, 37, 40, 45, 46; 1994, cc. 12, 13, 38, 44; 1995, cc. 5, 19, 22, 27, 29, 32, 39, 42; 1996, cc. 7, 8, 16, 19, 31, 34; 1997, cc. 9, 16, 17, 18, 23, 30

CRIMINAL CODE

3. The Criminal Code is amended by adding the following after section 664:

Deportation order

664.1 Where an accused is convicted of an offence and, pursuant to subsection 32.2(2) or (3) of the Immigration Act, may be ordered to be removed from Canada as a consequence, the order may only be made if the prosecutor satisfies the court that the accused, before making a plea, was notified that the order for removal would be sought.