How does the Faster Removal of Foreign Criminals Act impact the current federal legislation guidelines?

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Title: Impact of the Faster Removal of Foreign Criminals Act on Federal Legislation Guidelines: A Legal Perspective

In the Canadian justice system, the balance between immigration laws and criminal justice has always been a sensitive issue. One piece of legislation that has significantly shaped this scenario in recent years is the Faster Removal of Foreign Criminals Act (FRFCA). Our team of experts at LexLords Canada Immigration Lawyers has dissected the complexities of this law to provide insights into how it has influenced federal legislation guidelines.

I. Understanding the Faster Removal of Foreign Criminals Act

The FRFCA was enacted in 2013 with two primary objectives: First, to expedite the removal process of non-Canadians who have committed serious crimes within the country, and second, to ensure the integrity of Canada’s immigration system.

Before the introduction of the FRFCA, criminal convicts could appeal their deportation orders under the Immigration Appeal Division (IAD). However, under the FRFCA, this right has been revoked for non-residents convicted and sentenced to six months or more.

II. Impact on Federal Legislation Guidelines

1. Changes in Deportation Appeals:

In the case of Canada (Public Safety and Emergency Preparedness) v. Tran, 2017 SCC 50, [2017] 2 S.C.R. 289, it was held that the term “punishable by a maximum term of imprisonment of at least 10 years,” referred to the law as it existed at the time of the conditional sentence order. This decision determined that changes in punishment severity couldn’t retroactively apply to precedent cases. Hence, FRFCA has strengthened the federal guideline by ensuring that individuals committed serious crimes face immediate deportation with no right to appeal.

2. Streamlining Admissibility and Inadmissibility:

The FRFCA made significant changes to sections 34-42 of the Immigration and Refugee Protection Act (IRPA). It has increased ministerial discretion on admissibility, making decisions faster and more efficient.

In the precedent case of Kanthasamy v. Canada (Citizenship and Immigration), 2015 SCC 61, it was decided that each case must be evaluated on its individual merits, effectively diluting the ‘unfairness’ that some saw in the FRFCA. This has led to a fairer practice under the revised federal legislation guidelines.

3. Strengthening Immigration Integrity:

In Medovarski v. Canada (Minister of Citizenship and Immigration), [2005] 2 SCR 539, 2005 SCC 51, it was maintained that the objectives of protecting society and maintaining the integrity of immigration control were essential in deciding the appeal rights of convicted foreigners. The FRFCA has been instrumental in enhancing these objectives.

III. Criticisms and Response

While critics argue that the FRFCA might infringe upon human rights, favouring a punitive approach over rehabilitation, legal experts maintain that it is a necessary mechanism to protect societal interests in Canada.

The impact of the Faster Removal of Foreign Criminals Act on federal legislation guidelines is undeniable. It has significantly restructured immigration law, tightening the nexus between immigration and criminal justice. While this has been met with both acclaim and critique, it ultimately seeks to protect Canada’s societal interests without compromising human rights.

Our team at LexLords Canada Immigration Lawyers continues to navigate these evolving waters, providing their clients with the most grounded advice under these updated legislation guidelines. The FRFCA serves as a testimony to the dynamic nature of Canadian law – constantly evolving to meet emerging challenges and ensuring justice for all parties involved.