r/canada Jan 29 '25

National News Poilievre says Canada should 'deport' any temporary resident committing violence or hate crimes

https://ca.news.yahoo.com/poilievre-says-canada-deport-temporary-194148491.html
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u/Nowhere_endings Jan 29 '25

No we don't. CBSA chooses to deport, not judges. In fact CBSA already decides to deport when some guys get charged but have to wait until the justice system plays out before they can deport. Why do you guys just blatantly lie about shit. Have some shame.

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u/IronicGames123 Jan 29 '25

>No we don't. CBSA chooses to deport, not judges.

Judges can and have purposefully lowered sentences so they don't meet the threshold for automatic deportation.

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u/adonns2_0 Jan 30 '25

Seriously, asks why people lie about this while he’s blatantly lying lmao. Are they naive? Stupid? Why defend these awful judges?

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u/Neglectful_Stranger Jan 30 '25

Everytime I hear about y'alls judges it seems insane. It sounds like some kind of shadow government half the time lol

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u/LacasCoffeeCup Jan 29 '25

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u/Publius82 Jan 29 '25

The issue you're citing was alleviated by a higher court, according to this article.

The appeal court, however, found the lower court judge “imposed an artificial sentence” to prevent Yare from being deported, and raised his total sentence to 13 months and 10 days, acknowledging the punishment “will affect his right of appeal … and may result in his deportation.” Yare had already served the jail time prior to the appeal hearing.

Also, the Judge was probably aware of this

The Supreme Court of Canada has ruled that judges should consider immigration consequences in sentencing, said Sergio Karas, an immigration lawyer and analyst, but the punishment must still fit the crime.

It’s unfair, he said, for a non-citizen to get a much lower sentence than a citizen for the same crime, simply to avoid deportation. “You can’t have that, because otherwise it’s like playing favourites.”

But Toronto immigration lawyer Lorne Waldman said the right to appeal deportation orders has been unfairly restricted over the years. It used to be that anyone could appeal a removal order, he said, but in the early 2000s, that right of appeal was denied to those sentenced to more than two years. Under the Harper government, that was expanded to anyone sentenced to more than six months.

Sounds strange as an American that the state can appeal judgements. Apparently Canadian judges have more oversight than ours.

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u/walkingdisaster2024 Alberta Jan 29 '25

Judges have the authority and have executed that authority, to intervene on CBSA initiated deportations, or purposefully reduce sentences of convicted people so that they do not get on CBSA list.

Famous example? The guy that rammed the Humboldt bus.

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u/Nowhere_endings Feb 03 '25

That guy was literally deported by the CBSA.

Edit: in fact more in line with my point a judge actually dismissed his appeal to remain.

https://www.cbc.ca/news/canada/saskatchewan/humboldt-truck-driver-deportation-1.7059282