1nd Session, 35th Parliament,
42-43-44 Elizabeth II, 1994-95

The House of Commons of Canada

BILL C-316

An Act to amend the Immigration Act and the Transfer of Offenders Act

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

SHORT TITLE

Short title

1. This Act may be cited as the Immigration Enforcement Improvement Act.

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

IMMIGRATION ACT

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

    (f.1) to ensure the expeditious removal from Canada of any person who has entered Canada and has subsequently been convicted of a serious criminal offence while in Canada;

3. The Act is amended by adding the following after section 32:

Definition of ``serious criminal offence''

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.

Application for removal

(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.

Idem

(3) A court considering whether to make an order under subsection (2) shall

    (a) hold a hearing on the matter at any time within three years after the imposition of the sentence for the serious criminal offence;

    (b) permit the convicted person to be represented by counsel;

    (c) permit the convicted person to make representations to the court as to why such an order should not be made.

Information

(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.

Appeal

(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.

No other remedy

(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.

Application

(7) This section does not apply to a person who

    (a) arrived in Canada before attaining the age of sixteen years; and

    (b) has not been convicted of any offence under the Criminal Code during the five years preceding the commission of the offence referred to in subsection (2).

No other release

(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.

R.S., c. T-15; cc. 27, 31, (1st Supp.); 1992, c. 20; 1993, c. 34

TRANSFER OF OFFENDERS ACT

4. The Transfer of Offenders Act is amended by adding the following after section 20:

Transfer of foreign offenders to foreign state

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.

Exception

(2) Notwithstanding subsection (1), this section does not apply to a foreign offender who

    (a) arrived in Canada before attaining the age of sixteen years; and

    (b) had not been convicted of any offence under the Criminal Code during the five years preceding the commission of the offence for which the offender is serving the term of imprisonment referred to in subsection (1).

Application by Crown

(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.

Conduct of hearing

(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.

Removal of dependents

(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.

Restrictions

(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.