Hoang Anh Pham v. Her Majesty the Queen (January 18, 2013)
Case # 34897
The appellant is a Vietnamese citizen who came to Canada under the sponsorship of his father. He was convicted of producing and possessing marijuana for the purposes of trafficking. Pursuant to a joint submission on sentence, he was sentenced to 2 years’ imprisonment. He appealed his sentence, arguing under s. 64 of the Immigration and Refugee Protection Act (IRPA). The appellent argued that the consequences of the sentence with respect to the IRPA ought to have triggered a reduced sentence. The Crown consented to the reduced sentence. The Court of Appeal dismissed the appeal. The central question is how a criminal or appellate court should consider the unintended or collateral consequences of a criminal sentence.