Two days after the federal government proposed to make it tougher for asylum seekers from making refugee claims in Canada, the Quebec Court of Appeal overturned a 45-day prison sentence issued against a Colombian mother and son who pleaded guilty to unlawful entry into Canada.
In a ruling that reiterated the principles of proportionality and the individualization of sentencing, the Quebec appeal court held that the 45-day sentence was “demonstrably unfit” and did not take into account the “particular situation” of the appellants who sought at first to claim refugee protection in Canada through legal channels. The appeal court substituted the imprisonment sentence with a conditional discharge and an 18-month probation order.