Bill C-281

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First Reading

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	1st Session, 36th Parliament, 46 Elizabeth II, 1997
	The House of Commons of Canada
	BILL C-281
	An Act to amend the Immigration Act (removal of those convicted of serious criminal offence)
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	Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
	*1. Section 3 of the Immigration Act* is amended by adding the following after paragraph (f):**
	(f.1) to provide for the deportation of any person in Canada who is a landed immigrant or seeking immigrant status and who is convicted of a serious criminal offence in Canada;
	2. The Act is amended by adding the following after section 32.1:
Definition of ``serious criminal offence''	32.2 (1) In this section and in paragraph 3(f.1), ``serious criminal offence'' means an offence under the Criminal Code, or any other Act, for which a person, if convicted, may be sentenced to a term of imprisonment of seven years or more.
Order for removal	(2) A court that convicts a person who is in Canada as a landed immigrant or seeking landing as an immigrant of a serious criminal offence shall, on the application of the Crown, or may, on its own motion, order, in addition to any other punishment imposed, that the person be removed from Canada.
Powers of court	(3) For the purposes of subsection (2), the court may order the exercise of any power that may be exercised by the Minister or any other person under this Act in respect of deportation or removal.
Hearing	(4) An order for removal on the motion of the court shall be considered forthwith on sentencing the person convicted and the person shall have the right to be heard on the question of whether the order should issue.
Appeal	(5) An order for removal from Canada may be appealed in the same manner as the sentence or conviction for the serious criminal offence may be appealed, but is not otherwise subject to any appeal or other procedure under this or any other Act.