A proposed law to raise the maximum penalty for impaired driving offences in Canada could have a “disproportionate” impact on first-time immigrant offenders who would see their permanent residence status revoked and be deported, critics say.
But advocating equal rights for impaired drivers is a delicate issue, one that some senators and immigrant lawyers are trying to tackle as the Red Chamber sits this week to seek amendments to Bill C-46, the Impaired Driving Act, before sending it back to the House of Commons for a vote.
Currently, someone convicted of impaired driving could receive a maximum penalty of not more than five years in jail, but the offence would still be considered “ordinary criminality” under immigration law. An immigrant’s permanent residence status is not affected unless a sentence of six months or more is imposed.
However, under the proposed legislation, the increased maximum penalty to 10 years would automatically classify impaired driving as “serious criminality.” As a result, even if a first offender, who is not a Canadian citizen, is convicted and is only ordered to pay a fine, they would still lose their immigration status and be banned from Canada. This would affect foreign students, workers, visitors and permanent residents.
“We take impaired driving very seriously and we don’t want impaired drivers behind the wheel,” said Senator Ratna Omidvar in an interview. She noted that if a Canadian citizen is convicted of impaired driving for the first time, they could be sentenced to as little as a fine and walk free afterwards.
“A permanent resident in the same situation would pay the fine and face deportation,” Omidvar added. “It is a double whammy not on all people but just on a class of people. That’s an unintended consequence. The impact on permanent residents would be huge and disproportionate to what a Canadian would get.”
Read the full article on the Toronto Star’s website.