Guelph Mercury

Does court ruling create leniency for non-residents?

Hoang Anh Pham, a non-citizen, was convicted of producing and possessing marijuana for trafficking for being a “party” to a marijuana grow-operation in Calgary in 2010.

The Provincial Court of Alberta issued a two-year sentence for the offence, a sentence that triggered an automatic deportation order.

Section 64 of the Immigration and Refugee Protection Act prevents any non-citizen from appealing a deportation order “if the foreign national or permanent resident has been found to be inadmissible on grounds of security, violating human or international rights, serious criminality or organized criminality.” Serious criminality is defined as a crime that receives a prison term of two years or more.

Pham, a Vietnamese citizen, requested that the punishment be reduced by a single day. While this seems symbolic, a single day provides the opportunity for permanent residents such as Pham to challenge deportation orders issued against them.

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