Guilty plea to using a forged document. Accused sold a used car, and produced a forged invoice claiming that various repairs / maintenance had been performed totaling $2,339.40 in work. 29 year old accused in Canada on a student visa. Discharge application.
Held: $1000 fine plus probation.
Discharges should be used sparingly. The entry of a conviction might result in no immigration consequences for the accused. “It would be wrong for me to grant a discharge … on the assumption that if I do not … that those who are granted discretion on the Immigration Act will improperly exercise that discretion.” Th implications from a criminal record would not result in disproportionately harsh sentence.
M. Deshaye – Defence Counsel