An Act to amend the Criminal Code (immigration status in sentencing)

Bill C-220 makes one change to the Criminal Code. It adds a new provision, section 718.202, which applies when a court is sentencing someone who is not a Canadian citizen. Under this new rule, the judge is not allowed to consider what effect the sentence might have on that person's immigration status in Canada, such as whether a particular sentence length could trigger deportation or affect their ability to stay in the country. This also covers the potential impact on the immigration status of a member of the offender's family.

In practice, this means judges would have to set sentences based on the usual factors, like the seriousness of the crime and the offender's circumstances, without factoring in immigration consequences that might currently lead to a shorter or differently structured sentence to avoid triggering deportation or other immigration problems. The bill is narrow in scope, consisting of a single new section inserted into the Code, and does not change any other sentencing rules or immigration laws.

This bill adds a new section to the Criminal Code that bars courts from considering a non-citizen offender's immigration status, or that of their family, when imposing a sentence.

• Rule created — a new Criminal Code provision (section 718.202) directs that a sentencing court "shall not take into consideration" any potential effect of a sentence on the offender's immigration status or a family member's immigration status.
• Who is bound — all judges imposing criminal sentences on offenders who are not Canadian citizens; the prohibition applies regardless of the specific immigration consequence (e.g., deportation, loss of status) at stake.
• Discretion removed — courts currently may weigh immigration consequences as a mitigating factor in some cases; this bill makes that consideration legally unavailable, without listing exceptions or a threshold for when it might still apply.
• No new body or process — the bill creates no commission, office, reporting duty, or review mechanism; it operates directly as a binding rule of law enforced through the ordinary appeal process for sentencing decisions.
• Scope left undefined — the text does not specify how "immigration status" is defined, nor how it interacts with other sentencing principles in the Code (such as proportionality or individualized sentencing), leaving those questions to judicial interpretation in future cases.
• No sunset or review clause — the amendment is permanent unless repealed or amended by further legislation; the bill contains no built-in review date.