On December 5, the House of Commons passed Bill C-10, also known as the Safe Streets and Communities Act, or the Omnibus Crime Bill.
Bill C-10 introduces numerous changes which will affectCanada’s immigration system:
Changes to Sentencing Provisions
| Crime | Sentence | Immigration Consequence |
| Sexual Interference (touching an individual who is under the age of 16) | Remains a hybrid offense with a maximum term of imprisonment of not more than 10 years. | Conviction results in inadmissibility for serious criminality. |
| Invitation to Sexual Touching (for an individual who is under the age of 16) | Remains a hybrid offense with a maximum term of imprisonment of not more than 10 years. | Conviction results in inadmissibility for serious criminality. |
| Sexual Exploitation (of a young person) | Remains a hybrid offense with a maximum term of imprisonment of not more than 10 years. | Conviction results in inadmissibility for serious criminality. |
| Incest | Remains a hybrid offense with a maximum term of imprisonment of not more than 14 years. | Conviction results in inadmissibility for serious criminality. |
| Bestiality | Remains a hybrid offense with a maximum term of imprisonment of not more than 10 years. | Conviction results in inadmissibility for serious criminality. |
| Making Child Pornography | Remains a hybrid offense with a maximum term of imprisonment of not more than 10 years. | Conviction results in inadmissibility for serious criminality. |
| Distributing Child Pornography | Remains a hybrid offense with a maximum term of imprisonment of not more than 10 years. | Conviction results in inadmissibility for serious criminality. |
| Possession of Child Pornography | Remains a hybrid offense with a maximum term of imprisonment of not more than 5 years. | Convictions results in inadmissibility for criminality. |
| Accessing Child Pornography | Remains a hybrid offense with a maximum term of imprisonment of not more than 5 years. | Conviction results in inadmissibility for criminality. |
| Parent or Guardian Procuring Sexual Activity where the Victim is Under the Age of 16 | An indictable offense whose maximum penalty rises from not exceeding 5 years to 10 years. | Conviction now results in inadmissibility for serious criminality rather than general. |
| Parent or Guardian Procuring Sexual Activity where the Victim is Over the Age of 16 but under 18 | Remains a indictable offense with a new maximum term of imprisonment of not more than 5 years. | Conviction results in inadmissibility for criminality. |
| Householder Permitting Sexual Activity where the Victim is Over the Age of 16 but under 18 | Remains a indictable offense with a new maximum term of imprisonment of not more than 2 years. | Conviction results in inadmissibility for criminality. |
| Making Sexually Explicit Material Available to Child | New crime.
Hybrid offense with a maximum term of imprisonment of not more than 2 years. |
Conviction results in inadmissibility for criminality. |
| Luring a Child | Remains a hybrid offense with a maximum term of imprisonment of not more than 10 years. | Conviction results in inadmissibility for serious criminality. |
| Agreement or Arrangement to Commit a Sexual Offense Against a Child | Remains a hybrid offense with a maximum term of imprisonment of not more than 10 years. | Conviction results in inadmissibility for serious criminality. |
| Indecent Acts | Goes from being a summary offense to a hybrid offense with a maximum term of imprisonment of not more than 2 years. | Conviction results in inadmissibility for criminality. |
| Exposing Oneself to a Minor | Remains a hybrid offense with a maximum term of imprisonment of not more than 2 years. | Conviction results in inadmissibility for criminality. |
| Sexual Assault | Remains a hybrid offense with a maximum term of imprisonment of not more than 10 years. | Conviction results in inadmissibility for serious criminality. |
| Sexual Assault Causing Bodily Harm | Remains a hybrid offense with a maximum term of imprisonment of not more than 14 years. | Conviction results in inadmissibility for serious criminality. |
| Trafficking or Possessing for the Purpose of Trafficking a Schedule I or II substance | Remains an indictable offense with a maximum term of imprisonment of life. | Conviction results in inadmissibility for serious criminality. |
| Trafficking or Possessing for the Purpose of Trafficking a Schedule II in less than a prescribed amount | Becomes an indictable offense with a maximum term of imprisonment of not more than 5 years. | Conviction results in inadmissibility for criminality. |
| Importing and Exporting a Schedule I, II substance | Remains an indictable offense with a maximum term of imprisonment of life. | Conviction results in inadmissibility for serious criminality. |
| Producing a Schedule I substance | Remains an indictable offense with a maximum term of imprisonment of life. | Conviction results in inadmissibility for serious criminality. |
| Producing a Schedule II substance, other than marijuana | Indictable offense with a maximum sentence of imprisonment to life. | Conviction results in inadmissibility for serious criminality. |
| Production of Cannabis | Maximum sentence increases from not more than 7 years to not more than 14 | Conviction now results in inadmissibility for serious criminality. |
In noting the above, it is important to note that Flunitrazepam and Gamma-Hydroxybutyric acid (both common date rape drugs) have been added to Schedule I.
Banning Some Foreign Workers
The Minister shall now have the ability to issue instructions prescribing public policy considerations that aim to protect foreign nationals who are at risk of being subjected to humiliating or degrading treatment, including sexual exploitation.
Immigration Officers shall refuse visas if the Minister’s Instructions directs them to do so.
In essence, this is the re-introduction of Bill C-56 – The Preventing the Trafficking, Abuse, and Exploitation of Vulnerable Immigrants Act, discussed here.