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SCC says conditional sentences are not terms of ‘imprisonment’ leading to immigration deportation

Thursday, October 19, 2017 @ 12:57 PM | By Cristin Schmitz

In a judgment welcomed by immigration lawyers, but called “disappointing” on the administrative law front, the Supreme Court has ruled that permanent residents sentenced in Canada to conditional sentences cannot be deported for “serious criminality” under s. 36(1)(a) the Immigration and Refugee Protection Act (IRPA).

Aris Daghighian, Green and Spiegel LLPJustice Suzanne Côté’s 9-0 judgment allows the appeal of Thanh Tam Tran — a Vietnamese permanent resident — sentenced here to a 12-month conditional sentence for operating a marijuana grow operation in 2011 — who would...