Name/title of event: The Sentencing under Criminal Law and its impact on matters under IRPA‐IRPR
Original Program Date: November 29, 2023
A sentence is a decree of punishment. In law, a sentence forms the final explicit act of a judge-ruled process and also can generally involve a decree of imprisonment, fines and other punishments against a defendant convicted of a crime.
According to IRPA Rules of interpretation A33(1), the facts that constitute inadmissibility include facts arising from omissions and sentence of conviction. Immigration officers have the authority to form decisions accordingly.
This seminar will focus on the legality of sentencing under criminal code and its intervention in IRPA with related consequences.
• Overview of the sentencing process under the Canadian Criminal Code
• A decree of punishment in law, a sentencing consideration concerning Immigration status
• A consecutive sentence vs. a concurrent sentence
• Serious Criminality under IRPA section 36
• Rights of Appeal
• Application of record suspension for Immigration relief
• The effect of the verdict on the application for Rehabilitation for Persons outside Canada
• The impact of the sentence in Canada on Deemed Rehabilitation
• Calculating the sentencing period for Immigration relief
• The admissibility assessment process and available remedies
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