Bill C-431
If you have any questions or comments regarding the accessibility of this publication, please contact us at accessible@parl.gc.ca.
|
|
1st Session, 37th Parliament, 49-50-51 Elizabeth II, 2001-2002
|
|
|
|
The House of Commons of Canada
|
|
|
|
BILL C-431 |
|
|
|
An Act to amend the Immigration and
Refugee Protection Act (refugee
claimants or immigration applicants
convicted of an offence on indictment)
|
|
| 2001, c. 27
|
|
|
|
|
1. The Immigration and Refugee
Protection Act is amended by adding the
following after section 47:
|
|
|
|
Removal order by court on conviction in
certain cases
|
|
| Conviction
for serious
criminality
|
47.1 Where a court convicts a person who
is a foreign national or a permanent resident of
an offence described in paragraph 36(1)(a) or
subsection 36(3), and the accused was advised
before entering a plea that, in the case of a
conviction, the prosecution would seek an
order for removal pursuant to this section, 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
|
|
|
|
|
|
|
|
|
|
| Conviction
for criminality
|
47.2 Where a court convicts a person who
is a foreign national of an offence described in
paragraph 36(2)(a) or subsection 36(3), and
the accused was advised before entering a plea
that, in the case of a conviction, the
prosecution would seek an order for removal
pursuant to this section, 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
|
|
|
|
|
|
|
|
|
|
| No bail,
release or
unescorted
absence in
Canada
|
47.3 (1) Notwithstanding any other
provision of this or any other Act, a person
who is the subject of an order made under
section 47.1 or 47.2 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.
|
|
| No bail,
release or
unescorted
absence
|
(2) Notwithstanding any other provision of
this or any other Act, a person who is the
subject of an order made under section 47.1 or
47.2 shall not be granted
|
|
|
|
|
|
|
|
|
|
| Time before
new
application
|
47.4 (1) A court making an order under
section 47.1 or 47.2 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 permanent resident.
|
|
| If no order
made
|
(2) If no order is made by the court under
subsection (1), the person convicted, if not yet
admitted to Canada as a permanent resident,
may not apply for permanent residence until
three years after the date of conviction.
|
|
| Removal of
dependants
|
47.5 A court making an order under section
47.1 or 47.2 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.
|
|
| Enforcement
|
47.6 For the purpose of enforcing an order
made under section 47.1, 47.2 or 47.5, 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 officer or any other official.
|
|
| Right to be
heard
|
47.7 In considering whether to make an
order under section 47.1, 47.2, 47.5 or 47.6,
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.
|
|
| Exemption
from Privacy
Act
|
47.8 Notwithstanding the Privacy Act, the
Crown, for the purpose of applying for an
order under section 47.1, 47.2, 47.5 or 47.6, 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.
|
|
| Appeal
|
47.9 (1) An order made by a court under
section 47.1, 47.2, 47.5 or 47.6 may be
appealed under Part XXI of the Criminal
Code.
|
|
| Other
procedures
excluded
|
(2) Notwithstanding any other provision of
this Act or any other Act, a person who is the
subject of an order made under section 47.1,
47.2, 47.5 or 47.6 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).
|
|
| Other
procedures
discontinued
|
(3) Notwithstanding any other provision of
this Act or any other Act, if a person is made
the subject of an order made under section
47.1, 47.2, 47.5 or 47.6, 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.
|
|
| Minimum
3 - year
delay for
citizenship
|
47.91 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 47.1 or 47.2, may not
apply to become a citizen until three years
later than would otherwise be the case.
|
|
|
|
2. Subsection 52(1) of the Act is replaced
by the following:
|
|
| No return
without
authorization
|
52. (1) If a removal order has been enforced,
the person to whom it applies shall not return
to Canada
|
|
|
|
|
|
|
|
|
|