No, they have the right to discuss these issues at sentencing. This was a case in Ontario. The Court of Appeal of Ontario has said that. If he could convince the Court of Appeal to give him a sentence under the amount that would allow him to appeal at the immigration appeal division, then so be it. Let the sentencing judge make the decision. The sentencing judge is hearing the evidence of the actual crime, the evidence of the police officers, the witnesses, the victims. At sentencing the judge can hear the argument of counsel for the defence. This is where the protection lies for the accused, who, by the time he is going to be sentenced, is now the convicted.
That is where the protection lies, and there is no necessity for an additional appeal. The protection is already there, as set out, in this case, by the Ontario Court of Appeal.