Accused pleaded guilty to assault causing bodily harm, and applied for a discharge given the immigration consequences that would flow from a conviction (20 year old accused who had intended to move to the USA for school). Single punch. No lasting injuries
Held: Conditional discharge granted.
As per Pham 2013 SCC 15, immigration consequences are a “collateral consequence of a sentence … they may be taken into account in sentencing … their relevance flows from the application of the principles of individualization and parity.” Entering a conviction “would bring about an unwarranted hardship and, in my view, a disproportionate sentence.”
G. Hatch – Defence Counsel