Collateral Consequences of Proceedings as a Sentencing Factor: Difference between revisions
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[[fr:Conséquences collatérales des procédures judiciaires comme facteur de détermination de la peine]] | |||
{{Currency2|January|2019}}{{LevelZero}}{{HeaderPrinciples}} | {{Currency2|January|2019}}{{LevelZero}}{{HeaderPrinciples}} | ||
==General Principles== | ==General Principles== | ||
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Stigma arising from the offence cannot be used as a mitigating factor when it is in line with what is expected from someone facing the same charges.<REf> | Stigma arising from the offence cannot be used as a mitigating factor when it is in line with what is expected from someone facing the same charges.<REf> | ||
{{CanLIIR-S|HS|g6mkb|2014 ONCA 323 (CanLII)}}{{perONCA|Epstein JA}} | {{CanLIIR-S|HS|g6mkb|2014 ONCA 323 (CanLII)}}{{perONCA|Epstein JA}} | ||
</ref> | |||
; Civil Liability | |||
An offender who is or is likely to face civil liability can be a factor to take into account. It should not however be given much weight. It can be treated as contributing to deterrence.<Ref> | |||
{{CanLIIR|Stone|4z2g|2001 BCCA 728 (CanLII)}}{{perBCCA| J}}{{atL|4z2g|34}} ("Where, as here, the offender is likely to face a substantial civil obligation compared to his circumstances, and he is not otherwise financially impecunious, his civil liability is a factor that should be taken into account in sentencing. In my opinion, it is not a factor to be given as much weight as either denunciation or general deterrence. But it is of some significance, particularly as awareness of civil consequences should in itself be a deterrent.") | |||
</ref> | </ref> | ||
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{{quotation1| | {{quotation1| | ||
; No appeal for inadmissibility | ; No appeal for inadmissibility | ||
64(1) No appeal may be made to the Immigration Appeal Division by a foreign national or their sponsor or by a permanent resident if the foreign national or permanent resident has been found to be inadmissible on grounds of security, violating human or international rights, serious criminality or organized criminality. | 64 (1) No appeal may be made to the Immigration Appeal Division by a foreign national or their sponsor or by a permanent resident if the foreign national or permanent resident has been found to be inadmissible on grounds of security, violating human or international rights, sanctions, serious criminality or organized criminality. | ||
; Serious criminality | ; Serious criminality | ||
(2) For the purpose of subsection (1), serious criminality must be with respect to a crime that was punished in Canada by a term of imprisonment of at least six months or that is described in paragraph 36(1)(b) or (c). | |||
; Misrepresentation | |||
(3) No appeal may be made under subsection 63(1) in respect of a decision that was based on a finding of inadmissibility on the ground of misrepresentation, unless the foreign national in question is the sponsor’s spouse, common-law partner or child. | |||
2001, c. 27, s. 64; | |||
2013, c. 16, s. 24; | |||
2023, c. 19, s. 11. | |||
| [http://canlii.ca/t/7vwq#sec64 IRPA] | | [http://canlii.ca/t/7vwq#sec64 IRPA] | ||
}} | }} | ||
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{{reflist|2}} | {{reflist|2}} | ||
==See Also== | |||
* [[Sentencing Factors Relating to the Criminal Proceedings]] | |||