Contravening the Immigration and Refugee Protection Act (e.g. returning to Canada without authorization after removal)

R v Kazimi

Sentence and the Crown's position

Crown asked6 months in custody1
Judge imposedFour months' incarceration, exceeded by 177 days' credit for 118 days of pre-sentence custody1
60 days less custody than the Crown asked

What the law allows

Maximum2 years
Crown asked6 months in custody
Judge imposed120 days in custody
Defence askedDischarge
For contravening the Immigration and Refugee Protection Act (e.g. returning to Canada without authorization after removal) (IRPA 124(1)(a)), the Criminal Code currently allows up to 2 years when the Crown proceeds by indictment, with no mandatory minimum. The sentence imposed is 16% of the maximum. Read the section.

Mohmmad Jawid Kazimi pleaded guilty to returning to Canada without authorization after having been deported, having arrived in Halifax as a stowaway on a ship in August 2024 for the third time. The Crown sought six months' incarceration and the defence a conditional discharge. Judge van der Hoek imposed four months' incarceration, finding a discharge was not in his best interests or the public interest but that six months would be inappropriate because it would render him ineligible for entry; he had 118 days of pre-sentence custody, credited as 177 days.

In the judge's words

Just as it would be inappropriate to impose a sentence to support future immigration applications, I find that it would also be inappropriate to impose a sentence of six months that would render him ineligible for entry. Four months is a fit and proper sentence, well within the range, given that it is his first offence, while at the same time recognizing his repeated unlawful attempts to enter this country.

1

The record

Prior convictions
0 prior convictions1
At the time of the offence
Not stated1
Defence asked for
Discharge1
Appeal
Not yet checked
Counsel
Crown: Jennifer Goodhart
Defence: Godfred Chongatera

Sources

  1. R v Kazimi, 2024 NSPC 57 Court decision, CanLII, December 10, 2024[5] This was a contested sentencing hearing. The Crown recommended incarceration for six months. The Defence argued for a conditional discharge.[22] The Defence sought a conditional discharge following two years of probation, with the sole condition that Mr. Kazimi be prohibited from returning to Canada.[1] This is the sentencing of Mr. Kazimi following his guilty plea to a charge of returning to Canada without authorization after having been deported, contrary to s. 52(1) of the Immigration and Refugee Protection Act, S.C. 2001, c. 27 [IRPA], thereby committing an offence pursuant to s. 124(1)(a) of the IRPA.[15] With respect to Mr. Kazimi’s background, the Court did not have the benefit of a presentence report. Defence counsel advised that Mr. Kazimi is a relatively young man and does not have a criminal record.[67] Just as it would be inappropriate to impose a sentence to support future immigration applications, I find that it would also be inappropriate to impose a sentence of six months that would render him ineligible for entry. Four months is a fit and proper sentence, well within the range, given that it is his first offence, while at the same time recognizing his repeated unlawful attempts to enter this country.[7] The Court sentenced him to four months incarceration with detailed reasons to follow. … [19] It was ultimately determined that Mr. Kazimi spent 118 days in pre-sentence custody. With enhanced credit of 1.5 days for every day served, this is equivalent to a sentence of 177 days, or 5.9 months.
  2. Immigration and Refugee Protection Act, s. 125 Record, Justice Laws Website
  3. R v Kazimi, 2024 NSPC 57 Court decision, Courts of Nova Scotia

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