British Columbia’s Court of Appeal overturned a lenient community sentence for Jae Won Lee, 24, a permanent resident from Australia, who pleaded guilty to unprovokedly stabbing a stranger.

A three-judge panel on Friday sentenced Lee to 42 months in prison for aggravated assault and possession of a dangerous weapon, minus 102 days for time served. The decision came after a Crown appeal, according to Juno News.

The ruling follows a March 16, 2024, incident in Surrey, B.C., where 23-year-old Lee confronted a man smoking outside his housing complex.

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In April, a Provincial Court judge sentenced him to two years less a day under a conditional sentence order, followed by three years of probation.

The judge considered Lee’s youth, early guilty plea, remorse, rehabilitation, and substance abuse history (Xanax and alcohol blackouts causing memory loss of the attack). The lower court also weighed immigration consequences; a prison term of six months or more would make Lee inadmissible to Canada, removing his right to appeal a removal order.

Lee, having lived in Canada since he was eight years old, pleaded guilty.

The Crown, however, appealed his sentence as unfit, citing excessive weight on immigration factors, disregard for the offense's gravity, and a prior weapon conviction.

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When asked why he was touching a neighbour's motorcycle (at the time of the incident), Lee brandished a six-inch knife and told the victim to "mind his business."

Lee stabbed the victim in the arm, then chased and stabbed him again in the abdomen, ordering him to "get on your knees and say you're sorry." The victim needed 18 stitches for his arm and 50 staples for his abdomen. 

Justice Peter Grauer, for the unanimous panel, affirmed that collateral consequences cannot disproportionately reduce a sentence. He highlighted Lee's unprovoked attack, victim pursuit, and lack of significant mitigating factors merited a "significant penitentiary sentence."

A lower provincial court failed to adequately assess community safety risks under a conditional sentence. The Appeal Court later deemed it an “unjustified departure” from proportionality, suggesting 42 months, minus 102 days served.

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Conservative MP Michelle Rempel Garner expressed outrage over the decision, noting that despite a tougher appealed sentence, Lee avoided deportation. 

She stated that the victim should not have needed a costly appeal for justice.

This ruling clashes with recent sentences prioritizing immigration status over public safety. Examples include an Ontario resident's conditional sentence for an indecent act with a 15-year-old and a non-citizen visitor receiving a conditional discharge and probation for sexually assaulting an 18-year-old in Calgary.

“Non-citizens convicted of a crime should face the same consequences as Canadian citizens, and when they are convicted of serious crimes, they should be deported. End of story.”

Conservatives propose amending the Criminal Code after a spate of high-profile cases saw non-citizens being given softer sentences.

"This offends all principles of fairness that should be foundational to our justice system," says MP Michelle Rempel Garner. pic.twitter.com/DSPSVsklJO

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On August 13, Rempel Garner announced a bill to simplify the deportation of foreign criminals, stating, "Becoming a Canadian is a privilege, not a right." It will be tabled when Parliament returns next month.

The Conservative immigration critic advocates amending Criminal Code section 718 to bar judges from considering immigration status during the sentencing of non-citizen offenders, arguing that Canada's "two-tier justice" system is unjust.

Rempel Garner also raised concerns about 599 missing foreign nationals with criminal records who bypassed deportation proceedings, a rise from 469 in 2021. CBSA data now indicates 1,635 foreign criminals are slated for deportation. 

She noted on July 29 that this number could increase as the federal government doesn't restrict the judiciary from considering immigration status during sentencing. 

Among those facing deportation, 46 have evaded removal for over two years, 315 for over three, and 18 for over a decade. Canadian border agents report that 431 were convicted of serious offenses, including sexual assault.