A series of court decisions across Canada is raising concern about how immigration status is affecting criminal sentences.

Canadian judges are allowed to consider the real-life consequences a person may face after a conviction. For non-citizens, that can include deportation. In some cases, judges have reduced sentences so the person does not automatically face removal from the country.

A recent case in New Brunswick highlights the issue. A man who was facing deportation after a criminal conviction received a reduced sentence after the judge considered how it would affect his immigration status.

Similar cases have happened in other parts of the country, where even small changes to a sentence can mean the difference between staying in Canada or being deported.

Under federal immigration law, a sentence over a certain length can lead to automatic removal or limit a person’s ability to appeal. Because of that, courts sometimes lower sentences by a small amount to avoid crossing that line.

The system is not being applied the same way to everyone. This creates two different standards in the justice system and raises concerns about fairness and public safety.

As more cases come forward, it is unclear when Canadians can expect the law to be applied equally to everyone.