Filipino convicted of identity theft faces deportation from Canada

  • Page Views 1758
  • The highest court in B.C. has refused to reduce a jail sentence for a Filipino man convicted of identity theft.
    Trimming the sentence would have made it possible for the man to appeal a government order for him to be deported from Canada.
    In June 2011, Domingo Mariones Gonzales, 48, was sentenced in Vancouver provincial court to eight months in jail after pleading guilty to possessing 12 documents, according to a report by Post Media.
    These documents included credit cards, driver’s licenses and bank debit cards, in the names of other people, stated the news report.

    At the time of the offences, the father of four was on bail on charges of committing two similar crimes, attempting to cash stolen cheques, according to the Post Media report.
    Gonzales came to Canada in 1980 and has permanent residency status but remains a citizen of the Philippines, Post Media reported.
    Gonzales launched his sentence appeal after the Conservative government changed the law in 2013 so that a criminal receiving a prison term of greater than six months could not appeal deportation, the media company reported.
    Post Media reported that in May 2015, Gonzales was found inadmissible to Canada because he had received a sentence of more than six months.
    After being denied an appeal of a removal order, he applied to the Legal Services Society for funding to appeal his jail sentence, according to Post Media. This was to stave off deportation from Canada.
    The news reported noted that the man’s lawyer argued the eight-month sentence was unfit because the sentencing judge was unaware of the “collateral” immigration consequences — the changes to the law were made two years after sentencing, according to the Post Media report.
    In a ruling released on November 7, 2016, a three-judge panel of the B.C. Court of Appeal dismissed the appeal, Post Media reported.
    In her reasons cited by the report, Justice Daphne Smith found that while the immigration consequences were significant to Gonzales, his lengthy criminal record meant that the eight-month sentence was not unfit, according to the Post Media report.
    At the time of the sentencing, according to the news report, Gonzales had 20 convictions, including nine property-related offences, one for possession of a narcotic, two for uttering threats, one for assault, one for attempted fraud and three for fraud, the news report stated.

    Smith said in the report that the judge in Gonzales’s case was in “general terms” aware of potential immigration consequences.
    “In my view, Mr. Gonzales’s sentence of eight months for identity theft, targeting 12 individuals, given the extent of and number of prior-related offences in his criminal record, was a fit sentence,” said the judge.
    “While this court has intervened in a great number of cases to effect a modest reduction in penalty to take account of unknown and unanticipated immigration consequences, deciding when to do so is very much a case-specific exercise.”
    Post Media reported that Justice Gail Dickson and Justice Gregory Fitch agreed with Smith and the sentence appeal was dismissed.

    Share

    New Posts Recently publish post More

    • 18 February 2018
      8 hours ago No comment

      How to Age Beautifully and Stay Healthy

      The Trudeau Liberal government never stops blindsiding Canadians. First, it was its callous support of legislation for many divisive and possibly damaging laws that involves the legalization of marijuana. Then, came the Canadian Summer Jobs, which requires applicants for federal funding of programs that give employment to young people ...

    • 18 February 2018
      8 hours ago No comment

      The Hand that Rocks the Cradle

      The Trudeau Liberal government never stops blindsiding Canadians. First, it was its callous support of legislation for many divisive and possibly damaging laws that involves the legalization of marijuana. Then, came the Canadian Summer Jobs, which requires applicants for federal funding of programs that give employment to young people ...

    • 18 February 2018
      10 hours ago No comment

      Trudeau Government Cuts PR Pathway to Caregivers

      The Trudeau Government hosted a press conference that addressed the current issue of the cancellation of the new permanent residency for caregivers and other temporary foreign workers. Present were representative from different migrant workers association, who were there to shed light on the uncertainty of the future of these workers. ...

    • 17 February 2018
      1 day ago No comment

      Philippine AirLine, now a global 4-star airline

      A big win for the Philippines — PAL CEO Philippine Airlines (PAL) has been certified as a 4-Star airline by Skytrax, the international air transport rating organisation. PAL, joining 40 other well-renowned airlines in this prestigious category, is the first and only airline in the country to have a ...

    • 16 February 2018
      2 days ago No comment

      Pailalim goes to Sweden, Turkey, Belgium

      Daniel Palacio’s Pailalim (Underground) will have screenings in three countries. The Brillante Ma Mendoza-produced drama movie is included in the lineup of the 41st Göteborg Film Festival, ongoing in Sweden until tomorrow. The Göteborg event is the largest film festival in Nordic countries—showcasing about 450 films from 80 nations ...

    %d bloggers like this: