The Canadian Government has addressed the immigration concerns raised by Bill C- 46. It has confirmed that overseas nationals will not be at the risk of deportation or inadmissibility. This is for those who commit impaired driving offenses prior to the enforcement of harsh sentences from December 2018.
The Immigration Minister of Canada responded to the immigration anxiety raised by the Immigration Law Section of Canadian Bar Association. In a letter addressed to the CBA, he said that sentence will only enhance after the Part-II amended laws become effective from 18 December 2018.
The Bill C- 46 was given the royal assent in June 2018, as quoted by the CIC News. It contains amendments that enhance the highest sentence for impaired driving to 10 years from 5 years. This thus elevates the offenses committed to the category of grave criminality from ordinary criminality. It will become effective from 18 December 2018.
Canada Immigration and Refugee Protection Act’s Section 36(1) states the condition for inadmissibility for a Canada PR holder or overseas national. This is applicable when they commit an offense that falls under the category of serious criminality.
The CBA has cautioned regarding the categorization of impaired driving as grave criminality. This will have severe and disproportionate repercussions for non-Canadians with convictions of impaired driving, it added.
Hussen confirmed in his letter that impaired driving offenses that occur before 18 December 2018 will be treated as criminality. These will not be treated as serious criminality, he added. These individuals also need not apply again for overcoming inadmissibility for that offense, said Hussen.
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