Mr. Chair, I move that Bill C-43, in clause 24, be amended by replacing lines 6 and 7 on page 8 with the following: ment of at least six months that is not a conditional sentence and was not committed by a foreign national who proves by any means that he or she has habitually resided in Canada since the age of 13 or younger or has lawfully resided in Canada for more than 20 years.
In attempting to explain this, I'll try to stick to the script and then provide a few comments after that, Mr. Chair.
This change would exempt those living in Canada since the age of 13 or younger or those who have resided in Canada for at least 20 years from being affected by the deportation change of two years to six months. This not only addresses issues surrounding the punishment of long-term permanent residents, but it is modelled after the French legislation.
I'd like to point out that the government routinely references other European countries that have similar laws and it would make sense that we incorporate this one as well. It also removes conditional sentences from being considered.
First off, I would like to say that the Liberal Party does not agree with the change from two years to six months for deportation. The amendment we are putting forth is only to improve, if every so slightly, a severely flawed clause. I would like to point out that Richard Goldman sent correspondence last week citing the Alberta Court of Appeal decision. All of us should be very much concerned. The ruling that he attached indicates that Alberta does not consider immigration implications when regarding a decision. I think that's a very important thing to recognize as a committee. In fact the decision states in paragraph 23, “Furthermore, it would be a strange and unfortunate legal system wherein a non-citizen could expect to receive a lesser sentence than a citizen for the same crime. No such distinction should be countenanced.”
I bring this up because in deliberating the six-month sentence many government members incorrectly contend that all criminal courts take into consideration immigration when making a decision, and therefore, the deportation change to six months is seen as being warranted.
As many of you have now seen the correspondence, as it was sent to all committee members, this notion that immigration matters are considered across the board in Canada is incorrect, and I fear it will cause members to pass a clause that ultimately is based at the very least on a glaring falsehood.
If the government is truly intent on passing clause 24, I ask that they at least consider this amendment that would put us more in line with what France has in their legislation.
Further to that, Mr. Chairperson, I want to pick up on two observations I have made.
I believe not taking into consideration conditional sentences is a serious mistake. I sat on and chaired a youth justice committee and am very familiar with different forms of dispositions that are given to people. Quite frankly, conditional sentences are something which I think do have a role to play in our judicial system, which I respect as being independent. I believe it would be a mistake to incorporate conditional sentences in this because a judge has in essence taken into consideration the severity of a particular crime when he or she hands down a conditional sentence. I think we need to make note of that particular fact. I think other presenters have also noted that.
The other thing is that I modelled the whole 13 years and under 13 based on what was being suggested in France. I have personal opinions on that issue, but at the end of the day, I think we've had presenters who, and I would have thought most members of the committee would recognize that for young people who come to Canada at two years of age and have been living in Canada for 20 years or more, Canada for all intents and purposes is their home.
To consider deporting, because of what some might determine is a serious crime, someone who came to Canada as an infant.... An example I used quite often during the committee process is that of the 20-year-old man or woman who uses false identification to cross the border, for whom the ramifications of doing so ultimately could see that person deported.
I believe that would take place. If that's not the case, I would love to see an actual legal opinion saying that it is not the case. There is a discussion that we should be having here in committee before we start to say that anyone under the age of 13 is going to be deported because of what the government or some people might say is a serious crime.
We even passed legislation saying there would be a minimum sentence for six pots of marijuana. It has been pointed out that this is only for trafficking purposes. There are a number of young people who, in their teenage years, traffic some marijuana in high schools. We know it's going on there. Once they hit university, quite often they will stop; hopefully they find different ways to make income. We're not going to condone that sort of behaviour, but the reality is that it does happen. This would receive a minimum sentence.
Is it proper to deport someone in a situation like this, when they grew up in Canada? I think not, and equally I think not in the example I used in regard to using false identification in order to gain entry to the United States and have a drink to celebrate with their peers who have graduated from high school or a university.
I hope members will seriously contemplate supporting this particular amendment.