Bill C-333
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2nd Session, 36th Parliament, 48 Elizabeth II, 1999
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The House of Commons of Canada
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BILL C-333 |
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An Act to amend the Immigration Act
(removal of those convicted of serious
criminal offence)
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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; 1994, cc.
26, 31; 1995,
cc. 5, 15;
1996, cc. 8,
11, 16, 19;
1997, c. 22;
1998, c. 30;
1999, cc. 3,
18, 31
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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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Definition of
``serious
criminal
offence''
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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.
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Order for
removal
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(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.
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Powers of
court
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(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.
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Hearing
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(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.
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Appeal
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(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.
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