Conservative MP Michelle 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.

Rempel Garner stated that non-citizens seeking Canadian residency or citizenship have responsibilities along with rights. She noted that Canada has a "two-tier justice" system, where non-citizens can receive lighter sentences, calling it unfair.

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The Conservative immigration critic cited two cases where judges considered immigration status in sentencing.

In one, an Ontario resident received a conditional sentence for an indecent act with a 15-year-old. In another, a non-citizen on a visitor's permit received a conditional discharge and probation for sexually assaulting an 18-year-old in Calgary.

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

According to Rempel Garner, the proposed bill will amend Criminal Code section 718. It would explicitly state that a judge cannot consider a sentence's impact on a convicted non-citizen offender's or their family's immigration status.

“Removing non-citizens convicted of serious crime is a no-brainer,” she said, criticizing Liberals for inaction. This comes after a 2013 Supreme Court ruling that reduced the sentence for a Vietnamese national facing deportation for marijuana trafficking, citing "proportionality" as a fundamental sentencing principle.

Hoang Anh Pham, a 29-year-old immigrant to Calgary with 13 years in Alberta and three criminal convictions, faced deportation under the Immigration and Refugee Protection Act due to a two-year sentence. His lawyers successfully argued this was disproportionate, according to Blacklock’s.

A 2019 University of Saskatchewan law faculty review, Collateral Immigration Consequences In Sentencing: A Six-Year Review, stated the judgment "left several points unclear" and was not "interpreted and applied consistently" by lower courts.

Conservatives will compel Commons vote on bill to speed deportation of foreign criminals. "Becoming a citizen is a privilege not a right," MP @MichelleRempel tells reporters.  https://t.co/nn7Y4oN941 @CitImmCanada pic.twitter.com/Nw5QIqsenP

— Blacklock's Reporter (@mindingottawa) August 14, 2025

Rempel Garner is also concerned about foreign nationals with criminal records who were slated for deportation from Canada but have disappeared.

Canada seeks to deport 1,635 foreign nationals with criminal records; however, 599 are missing after failing to appear for removal proceedings, according to CBSA data. In 2021, 469 foreign criminals were reported missing.

On July 29, Rempel Garner expressed concern that the number of missing foreign criminals could rise, as the federal government places no limits on the judiciary considering immigration status in sentencing.

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

The critic questioned the federal government's "lack of political will" in tracking down these individuals. 

"Carney has kept Justin Trudeau's out-of-control immigration numbers," says Conservative Leader Pierre Poilievre, blasting the Liberals for losing track of foreign criminals and fuelling youth unemployment by still allowing high levels of temporary foreign workers. pic.twitter.com/9y3ViLSwDt

— Rebel News (@RebelNewsOnline) August 14, 2025

“Crime rages in our streets as catch and release laws still release the most dangerous monsters to terrorize our communities,” chimed in Tory leader Pierre Poilievre on Thursday.

“Worse, the Liberal government has lost track of 600 foreign criminals with records of committing crime in Canada, who should have been deported but are now wandering our streets, God knows where, doing God knows what.”

Border officers routinely check warrants for wanted individuals or to confirm departures, though some evade capture. 

Most awaiting deportation are community-supervised, some with electronic monitoring or reporting. Detainment occurs if they pose a public danger or are unlikely to appear, a CBSA spokesperson stated.