Judge accuses Montreal prosecutors of proposing ‘candy’ sentences for criminals at risk of deportation

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But as highlighted by Piché, deportation isn’t automatic and there are multiple procedures to follow before a removal order is issued and enforced.

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He said it’s not the judge’s responsibility “to rule indirectly on the merits of a removal order, especially when the evidence of the accused’s situation in this regard is incomplete.”

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More to the point, he noted that Bladimir-Castillo himself “does not appear to be giving his immigration case the attention it deserves” since he was unsure when he obtained permanent resident status and told the court he hasn’t renewed his residency card.

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“The Court is therefore not adequately informed of the accused’s situation to determine the actual risks he faces,” he wrote.

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Piché said the DPCP’s alleged practice, which he said some of his colleagues have also noticed, is problematic for two reasons.

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Firstly, it doesn’t align with the Supreme Court of Canada’s “teachings” that indirect consequences of a criminal sentence on immigration proceedings should not lead to the establishment of a unique sentencing system.

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Secondly, he said it circumvents the intent of Canada’s immigration legislation, thereby “inviting criminal courts to do the same” despite them having “no jurisdiction over immigration matter.”

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The present case is an eloquent example of the distinct regime that is being created: if Mr. Bladmir-Castillo were a Canadian citizen, the prosecutor specifically indicates that he would have suggested a prison sentence of 9 months, but since he is a permanent resident, he suggests 6 months less one day, in order to avoid the proceedings provided for in paragraph 36(1)(a) of the IRPA being undertaken by the competent authorities.”

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He also expressed concern that the two-tier system “exacerbates pre-existing social tensions and may be misused.”

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Piché added that the DPCP developed the alleged strategy “on the fly” or by misinterpreting case law, not out of any “malicious intent” to circumvent the legislation.

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In his statement refuting the allegations, Michel said judges sometimes take immigration status into account, despite the prosecution arguing it can’t influence sentencing.

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“Consequently, it is surprising to read the court’s statements which appear to be based on observations drawn from the experience of other cases which are not identified and whose validity we cannot question or verify,” he wrote.

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The Montreal-Laval-Longueuil Defence Lawyers Association and the Quebec Association of Defence Lawyers accused Drainville and Jolin-Barrette of “legal demagoguery,” per La Presse.

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“It is deplorable and concerning to read such remarks, which oversimplify a complex legal issue in order to gain an advantage in the public sphere, at the expense of serious reflection on the fundamental principles of sentencing,” they wrote.

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Meanwhile, MP and deputy leader Pascal Paradis said on X that the Parti Québécois wants the DPCP to “shed light on this practice and, if necessary, put an end to it.”

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As for Bladimir-Castillo, he was served a 12-month sentence, but he needn’t worry about deportation as Piché ordered house arrest over incarceration and only those under custodial sentences of more than six months are inadmissible under the IRPA.

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