Bill C-261
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1st Session, 36th Parliament, 46 Elizabeth II, 1997
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The House of Commons of Canada
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BILL C-261 |
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An Act to amend the Immigration Act and the
Criminal Code (refugee or immigrant
applicants convicted of an offence on
indictment)
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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, cc.
26, 31; 1995,
cc. 5, 15;
1996, cc. 8,
11, 16, 19;
1997, c. 22
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IMMIGRATION ACT |
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1. Section 3 of the Immigration Act is
amended by adding the following after
paragraph (f):
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2. The Act is amended by adding the
following after section 32.1:
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| Interpreta- tion
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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.
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| Claimant for
refugee status
convicted
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(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
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| Applicant for
immigration
convicted
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(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
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| No bail,
release or
unescorted
absence in
Canada
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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.
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| No bail,
release or
unescorted
absence
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(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
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| Time before
new
application
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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.
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| If no order
made
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(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.
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| Removal of
dependants
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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.
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| Enforcement
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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.
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| Right to be
heard
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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.
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| Exemption
from Privacy
Act
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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.
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| Appeal
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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.
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| Other
procedures
excluded
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(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).
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| Other
procedures
discontinued
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(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.
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| Minimum 3 -
year delay for
citizenship
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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.
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| 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
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CRIMINAL CODE |
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3. The Criminal Code is amended by
adding the following after section 664:
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| Deportation
order
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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.
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