Bill C-220 Immigration Status Sentencing

An immigrant standing before a judge awaiting sentencing, with Rabblit Reporter observing
Read Full Bill Text Here

C-220 An Act to Amend the Criminal Code (Immigration Status in Sentencing)

Bill Type:  Private Member’s Bill

Bill Sponsor:  Hon. Michelle Rempel Garner (Calgary Nose Hill)

Status: This Bill was DEFEATED at Second-Reading in the House of Commons on Wednesday, March 25, 2026

Estimated Read Time:  2 minutes

WHO GAINS POWER

  • Courts would have a clear rule — they could not consider a sentence’s potential effect on the immigration status of a non-citizen offender or their family members
  • Parliament would prohibit consideration of immigration-status consequences when sentencing non-citizen offenders

WHO LOSES POWER

  • Judges lose the ability to consider immigration consequences when crafting a sentence — even where deportation or loss of permanent residency would follow automatically
  • Non-citizen offenders and their families would lose sentencing consideration of the sentence’s potential effect on their immigration status — including cases where a lighter sentence might have kept a family together
  • Defense lawyers lose a sentencing argument currently available to non-citizen clients

WHO GAINS MONEY

  • No financial provisions in this Bill

WHO LOSES MONEY

  • No financial provisions in this Bill

THE CATCH

  • ⚠️ The Bill changes what a sentencing Court may consider. It does not amend the Immigration and Refugee Protection Act or its rules governing immigration consequences of criminal convictions
  • ⚠️ The Bill also prevents consideration of the sentence’s potential effect on a family member’s immigration status. It does not expressly prohibit consideration of every other effect on the family
  • ⚠️ The Bill does not define “immigration status,” but its sentencing restriction expressly applies to offenders who are not Canadian citizens
  • ⚠️ The prohibition applies whether considering immigration-status consequences would lead to a lighter or harsher sentence