The federal Conservative Party is calling on the Liberal government to implement legislative changes that ensure fairness under the law for everyone.
On October 15, the Hon. Michelle Rempel Garner, Conservative Shadow Minister for Immigration, released the following statement responding to news that a serial drug trafficker had his sentence reduced to prevent deportation:
“Roosevelt Rush, a Jamaican national found guilty of drug smuggling, should have received a punishment that fit his crime,” said Rempel Garner. “He had been caught with 55 grams of cocaine while on bail – GPS monitor and all – awaiting sentencing for previous drug and gun offences. But instead, he was given a sentence of only 12 months, only half of what the judge said his crimes deserved, in large part because of his immigration status.”
Rempel Garner said the Liberals have failed to respond to a 2013 Supreme Court ruling permitting judges to consider immigration status in sentencing.
“This means that if a non-citizen commits a heinous crime that would put them at risk of being deported, or of having their citizenship or permanent residency applications rejected, they won’t be held to the same standard as everyone else,” she said. “Canada is a country of fairness; whether you are a newcomer or the Prime Minister, the law should apply equally.”
She pointed out the judge in the Roosevelt Rush case even acknowledged that ‘cocaine is an extremely dangerous and insidious drug with potential to cause a great deal of harm to individuals and to society’ and ‘this offence is significant, and his moral culpability is high. A proportionate sentence on these considerations alone would warrant a penitentiary sentence of 24 months.’
“This is unacceptable,” said Rempel Garner. “Rush, a non-citizen who violated the terms of his bail, trafficked illegal drugs and had no legitimate job, is the last person we should go out of our way to keep in this country. And he is certainly not someone who should be released back onto our streets early, just to avoid deportation.”
Rempel Garner noted that in September, she introduced Bill C-220, so that the law will be applied fairly to everyone, regardless of immigration status.
“Together with other common-sense legislation like MP Arpan Khanna’s Jail Not Bail Act, Conservatives are bringing real solutions to protect Canadians,” she said. “In light of stories like this one, we call on all parties to support these important bills: working together to keep families and communities safe.”