Immigration Consequences from a Conviction: Difference between revisions
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; Maximum Penalty | ; Maximum Penalty | ||
The maximum penalty refers to the maximum penalty at the time the offence was committed.<ref> | The maximum penalty refers to the maximum penalty at the time the offence was committed.<ref> | ||
{{CanLIIRPC|Tran v Canada (Public Safety and Emergency Preparedness)|h6pmh|2017 SCC 50 (CanLII)|, [2017] 2 SCR 289}}{{perSCC|Côté J}}<br> | |||
</ref> | </ref> | ||
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; "Term of Imprisonment" | ; "Term of Imprisonment" | ||
The phrase "term of imprisonment" found in s. 36 of the IRPA has a different meaning than in the Criminal Code. Under IRPA it ''does not'' refer conditional sentence orders.<ref> | The phrase "term of imprisonment" found in s. 36 of the IRPA has a different meaning than in the Criminal Code. Under IRPA it ''does not'' refer conditional sentence orders.<ref> | ||
Tran v Canada (Public Safety and Emergency Preparedness) | {{CanLIIRC|Tran v Canada (Public Safety and Emergency Preparedness)|h6pmh|2017 SCC 50 (CanLII)}}{{perSCC|Côté J}}<br> | ||
</ref> | </ref> | ||
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Under s. 50 IRPA, the imposition of a term of imprisonment will have the effect of staying any removal orders. But a probation order stay removal.<ref> | Under s. 50 IRPA, the imposition of a term of imprisonment will have the effect of staying any removal orders. But a probation order stay removal.<ref> | ||
Cuskic c. Canada (Ministre de la Citoyenneté et de l'Immigration), [2001] 2 RCF 3 | {{CanLIIRC|Cuskic c. Canada (Ministre de la Citoyenneté et de l'Immigration)|4kq3|2000 CanLII 16271 (CAF)|, [2001] 2 RCF 3}}, ''per'' Létourneau JA | ||
</ref> | </ref> | ||
Section 50 IRPA also has the effect of staying removal while the accused has pending charges in Canada. | Section 50 IRPA also has the effect of staying removal while the accused has pending charges in Canada. | ||
Collins v | {{CanLIIRC|Collins v Canada (Attorney General)|fqf07|2012 FC 268 (CanLII)}}, ''per'' Near J<br> | ||
</ref> | </ref> | ||
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; Citizenship | ; Citizenship | ||
A person applying for citizenship must satisfy, among other requirements, the requirement of physical presence in Canada for a fixed duration. Time spent physically in Canada but under the following orders does not count towards the presence requirement:<ref> | A person applying for citizenship must satisfy, among other requirements, the requirement of physical presence in Canada for a fixed duration. Time spent physically in Canada but under the following orders does not count towards the presence requirement:<ref> | ||
Citizenship Act, [http://canlii.ca/t/7vdp RSC, 1985, c. C-29], at s. 21 and 22 | ''Citizenship Act'', [http://canlii.ca/t/7vdp RSC, 1985, c. C-29], at s. 21 and 22 | ||
</ref> | </ref> | ||
* probation order | * probation order | ||