Rafael Layton, a 53-year-old immigrant, received a reduced six-month jail sentence for defrauding 15 recent immigrants in phony car sales.

On June 30, Ontario Superior Court Justice Clayton Conlan sentenced Layton in Milton, Ontario, citing his non-citizen status as a mitigating factor, avoiding deportation.

"I also take into consideration the potential immigration consequences, given that Mr. Layton is not a Canadian citizen," Conlan said in his decision.

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.https://t.co/9SM3owgxeL

— Rebel News (@RebelNewsOnline) August 26, 2025

As first reported by Juno News, the judge imposed a six-month sentence (reduced from 10), deemed "relatively lenient" and "justified" by immigration consequences and guilty pleas, though immigration factors typically don't affect sentence fitness. 

The ruling follows a March 16, 2024, incident in Surrey, B.C., where Jae Won Lee, 24, a permanent resident from Australia, stabbed a man smoking outside his housing complex.

He was sentenced to 42 months in prison for aggravated assault and dangerous weapon possession, with 102 days credit for time served, following a Crown appeal that overturned a two-year conditional sentence and three years probation.

Conservative MP Michelle Rempel Garner recently criticized Canada's "two-tier justice" system, citing outrage over sentencing of non-citizen offenders.

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

— Rebel News (@RebelNewsOnline) August 13, 2025

Layton, with a 2009 criminal record unrelated to fraud, also faces three years of probation post-release, with conditions like no victim contact, restrictions on vehicle sales or financial roles, and mandatory counseling.

He must also pay nearly $200,000 in lieu of forfeiture of crime proceeds payable within five years of release, and faces a 10-year ban on certain financial activities.

Conlan stressed the sentence's totality, citing denunciation, deterrence, and public protection from Layton's "habitual" fraud.

Victims detailed the profound impacts of the scam, including loss of trust, financial ruin, depression, anxiety, and damaged relationships. One victim wrote, "Overall, this scam has left me feeling completely violated and disillusioned. … The dishonesty of just one person has altered my sense of security and my trust in others."

Polling shows Canadians feel best attributes about country are slipping away

'I doubt there's a soul in any big city in this country that feels safer than they did five or 10 years ago. Especially when you have massive crime waves often driven by foreign criminal gangs,' said… pic.twitter.com/E09fq8iXfF

— Rebel News (@RebelNewsOnline) August 23, 2024

MP Rempel Garner cited further examples of sentences prioritizing immigration status over public safety, including an Ontario resident's conditional sentence for an indecent act with a minor, and a non-citizen visitor's conditional discharge and probation for sexual assault 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,” Rempel Garner said. CBSA data indicates 1,635 foreign criminals are slated for deportation. 

A forthcoming Opposition bill seeks to simplify the deportation of foreign criminals by amending Criminal Code section 718, preventing judges from considering immigration status during the sentencing of non-citizen offenders.