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Permanent residents who receive conditional sentences are not inadmissible

Thursday, November 16, 2017 @ 9:20 AM | By Nikolay Chsherbinin

Conditional sentences are sentences of imprisonment that are served in the community. They are meant as an alternative to incarceration for less serious offences and non-dangerous offenders.

In Tran v. Canada (Minister of Public Safety and Emergency Preparedness) 2017 SCC 50, the Supreme Court of Canada considered a vexing question of whether a conditional sentence is captured in the meaning of the phrase “a term of imprisonment of more than six months” in paragraph 36(1)(a) of the Immigration and Refugee Protection Act (IRPA), which provides the...