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Oct 23, 2017

Supreme Court of Canada decision: Inadmissibility to Canada


The Supreme Court of Canada released the following decision:

Tran v. Canada (Public Safety and and Emergency Preparedness), 2017 SCC 50, File no. 36784

(Immigration — Inadmissibility and removal — Permanent residents —Serious criminality — Permanent resident convicted of federal offence receiving 12‑month conditional sentence — Maximum sentence for offence increased after offence committed but before conviction and sentencing — Whether conditional sentence is “term of imprisonment” for purposes of assessing permanent resident’s inadmissibility to Canada on grounds of serious criminality under s. 36(1) (a) of Immigration and Refugee Protection Act  — Whether “maximum term of imprisonment” referred to in s. 36(1) (a) is maximum sentence that could have been imposed at time of commission of offence or of admissibility determination — Immigration and Refugee Protection Act, S.C. 2001, c. 27, s. 36(1) (a).)
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