NCJ Number
64199
Journal
QUEEN'S LAW JOURNAL Volume: 3 Issue: 3 Dated: (SUMMER 1977) Pages: 450-495
Date Published
1977
Length
46 pages
Annotation
STATUTORY PROHIBITIONS AND CASE LAW BEARING UPON THE IMMIGRATION STATUS OF ALIENS IN CANADA DEFINED BY CANADIAN LAW TO BE CRIMINAL OFFENDERS ARE DESCRIBED AND CRITIQUED.
Abstract
THE CLASSES OF ALIEN (NOT A CANADIAN CITIZEN) OFFENDERS DISTINGUISHED IN CANADIAN LAW ARE THOSE WHO HAVE COMMITTED OFFENSES IN THEIR COUNTRY OF ORIGIN AND SEEK ADMISSION TO CANADA AS EITHER AN IMMIGRANT OR NON-IMMIGRANT, ALIENS WHO HAVE COMMITTED AN OFFENSE WHILE LAWFULLY ADMITTED TO CANADA ON A PREVIOUS OCCASION AND WERE DEPORTED OR VOLUNTARILY LEFT CANADA AND SEEK TO BE READMITTED, LANDED IMMIGRANTS IN CANADA WHO COMMIT AN OFFENSE IN ANOTHER COUNTRY WHILE TEMPORARILY ABSENT FROM CANADA AND ARE SEEKING READMISSION, AND ALIEN OFFENDERS WHO APPLY FOR ADMISSION FROM WITHIN CANADA PURSUANT TO SECTION 7(3) OF THE IMMIGRATION ACT. LAW AND CASE LAW ARE DISCUSSED FOR THE ISSUES OF ADMISSIONS AND COMPELLABILITY, PROHIBITIONS RELATING TO NARCOTICS, CRIMINAL LAW SANCTIONS, DEPORTABILITY AND OTHER LEGAL LIABILITIES, DISCHARGES AND PARDONS, COMPASSIONATE AND HUMANITARIAN CONSIDERATIONS, AND PRISON, PAROLE, AND DEPORTATION. PROCEDURES FOR ATTACKING THE VALIDITY OF A DEPORTATION ORDER ARE ALSO DESCRIBED. THE ALIEN IN CANADA IS NOTED TO BE SUBJECT TO THE OFTEN COMPETING DEMANDS OF IMMIGRATION LAW, CRIMINAL LAW, AND CORRECTIONAL LAW. ON THE ONE HAND, CRIMINAL SANCTIONS MAY BE IMPOSED AFTER CONVICTION FOR A CRIMINAL OFFENSE; ON THE OTHER HAND, THE OFTEN HARSHER PENALTY OF DEPORTATION MAY BE IMPOSED WITHOUT ANY CRIMINAL CONVICTION. FOOTNOTES ARE PROVIDED. (RCB)