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International Law

: Canadian Immigration Blawg

Live blogging the CBA immigration and citizenship conference part 4

By immlawyer

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Workshop: Criminality Redefined. Used to be: looked at total period of incarceration including pretrial custody at the rate imposed Now Mathieu - decided in non immigration context. Held that sentencing includes only actual sentence imposed does not include pretrial custody. Pretrial credit is not part of the sentence. Had profound potential immigration implications. Had potential to restore appeal rights to large class of permanent residents. Pretrial custody could be used to benefit. However- IAD cases have limited Mathieu. Distinction between term sentence from punishment. Immigration law restored to pre Mathieu. Pre trial custody to be included in calculation. No benefit to pre trial custody. This may remain a live issue. Someone has indicated that this issue is before the Federal Court. Criminal counsel may remain unaware of immigration consequences to criminal convictions and sentences - or nuances to calculating term of punishment/sentence.

Full post as published by Canadian Immigration Blawg on April 18, 2009 (boomark / email).