45th Parliament · Session 1
Bill C-220: An Act to amend the Criminal Code (immigration status in sentencing)
Introduced
September 17, 2025
Current Stage
BillDefeated
Last Updated
March 25, 2026
Sponsor
Michelle Rempel
Community Support
Community Vote
100% Support
1 votes
Politicians' Vote
47% Support
339 MPs
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Parliamentary Votes
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Bill C-220
Wed Mar 25 2026
An Act to amend the Criminal Code (immigration status in sentencing)
Impact Rating
3/5
Short Summary
Judges would be banned from considering deportation risks when sentencing non-citizens, ensuring the punishment fits the crime regardless of immigration status.
This private member's bill amends the Criminal Code to remove a judge's ability to consider an offender's immigration status when determining a sentence. Currently, judges often impose lighter sentences on non-citizens to avoid triggering automatic deportation under immigration law, especially if the offender has strong ties to Canada. If passed, the law would force judges to sentence non-citizens based solely on the crime committed and standard sentencing principles, ignoring the potential for the offender or their family to be deported as a result of the sentence.
Why does this bill exist?
Origin (Platform Promise)
This bill reflects a law-and-order policy goal aimed at separating criminal justice outcomes from immigration consequences for those who commit crimes in Canada.
A new section in the Criminal Code (718.202) explicitly forbids courts from considering the impact of a sentence on an offender's immigration status.
This ban applies to the offender and any impact the sentence might have on their family's immigration status.
The goal is to ensure that criminal sentences are applied equally to citizens and non-citizens, preventing lighter sentences solely to mitigate deportation consequences.
This removes judicial discretion previously used in sentencing to account for the unique, life-altering collateral consequences faced by non-citizens.
Non-Citizens/Permanent Residents
(Harder)
If convicted, they face a higher chance of receiving a sentence (e.g., 90 days or more) that automatically triggers mandatory deportation proceedings, as the judge cannot mitigate the sentence based on immigration status.
Judges and Courts
(Rights Restricted)
Judicial discretion is reduced; judges must ignore the humanitarian crisis that deportation might cause to the offender and their family, focusing strictly on the crime's severity.
Everyday Citizens
(Neutral)
The average citizen will not notice a change in their daily life, but may perceive that the justice system is applying sentences more equally to all offenders.
Benefits & Pros
Promotes equality in sentencing by ensuring the severity of the punishment is based solely on the crime, not the offender's citizenship status.
Addresses concerns that some non-citizens receive unduly lenient sentences to protect them from immigration consequences.
Simplifies the sentencing process by removing a potentially complex and conflicting consideration for the judge.
Beneficiaries
Risks & Cons
Removes judicial discretion to consider all relevant personal circumstances, potentially leading to cruel or disproportionate sentences for long-term residents.
Non-citizens could face 'double punishment' (a full criminal sentence plus mandatory separation from family via deportation).
Critics argue that removing the judge's ability to consider humanitarian concerns violates basic principles of sentencing.
Affected Groups
Before & After
Currently, a judge sentencing a permanent resident for an offense might impose a sentence of 89 days, knowing 90 days or more triggers mandatory deportation. Under this bill, the judge must ignore the deportation risk and impose the sentence (e.g., 6 months) that the crime warrants, leading to both incarceration and removal from Canada.
Real World Scenario
Currently: A foreign national convicted of minor fraud, who is otherwise a good candidate for rehabilitation, might receive a non-custodial sentence because the judge wants to avoid having them deported and separated from their Canadian spouse and children. Under this Bill: The judge must disregard the family separation and potential deportation, imposing the sentence (e.g., a six-month jail term) that the crime dictates, which will automatically initiate removal proceedings.
Frequently Asked Questions
Votes on this bill
2nd reading of Bill C-220, An Act to amend the Criminal Code (immigration status in sentencing)
Wed Mar 25 2026
Yeas: 158
Nays: 171
Total: 339
Sponsor
Member of Parliament
House of Commons
First reading
Completed on September 17, 2025
Second reading
Not yet started
Consideration in committee
Not yet started
Report stage
Not yet started
Third reading
Not yet started
Senate
First reading
Not yet started
Second reading
Not yet started
Third reading
Not yet started
Abuse Potential
The abuse potential lies in the restriction of judicial discretion. By removing the ability of a court to consider deportation as a mitigating factor, the bill standardizes sentencing but also strips away a crucial check against overly punitive outcomes. A future government might rely on this rigidity to enforce stricter immigration rules, ensuring that even minor offenses committed by permanent residents or foreign nationals trigger mandatory deportation, regardless of their integration into Canadian society or their family's reliance on them, effectively using the criminal justice system to enforce immigration removal.
Broad Economic Impact
None
Everyday Life
Minimal impact
Admin Burden
Automatic
Timeline
Immediate upon Royal Assent, affecting all non-citizen sentencings thereafter.
