logo
Jamie Sarkonak: Non-citizen johns shouldn't get sentence discounts for their crimes

Jamie Sarkonak: Non-citizen johns shouldn't get sentence discounts for their crimes

National Post15-07-2025
Article content
Logically, Khant would be getting a higher sentence if he were Canadian — which is why this sentencing practice is so deeply unfair.
Article content
O'Marra also found a lot of good in the accused, noting his above-average IQ, his first-time offender status, his lack of mental illness or criminal record, his 'modest and reserved' nature, and his low likelihood of reoffending (he did show 'some response to younger females' in phallometric testing, but he agreed to take therapy in light of the finding).
Article content
In the judge's eyes, these overcame Khant's flaws, such as his apparent intention to see the fictitious 15-year-old on a regular basis: 'we could do this a lot depending on how this goes,' he told the officer-in-disguise. After he was caught, he told the risk-assessment psychologist that he never intended to go for underage girls.
Article content
The judge was troubled, on the other hand, by what he characterized as 'evidentiary weaknesses' in the Crown's case: namely, 'a partial phone download, no direct link between the phone and Mr. Khant, and surveillance footage that failed to show him at the hotel room door.' Though, these concerns are questionable, as police should be able to testify to Khant's presence at the door, and because his phone was seized upon arrest (and was thus in his possession).
Article content
Taking all into account, O'Marra concluded, 'A conviction would lead to severe collateral consequences, such as jeopardizing his immigration status, delaying his citizenship, and preventing him from sponsoring his wife, which would likely result in their separation. These consequences would be disproportionate to the offence and would undermine his rehabilitative progress.'
Article content
This is an uphill battle. At the top end, Canadian law requires that judges take immigration consequences into account in sentencing 'provided that the sentence that is ultimately imposed is proportionate to the gravity of the offence and the degree of responsibility of the offender.' At no point did we explicitly legislate this: rather, in 2013, it was decided by the Supreme Court, in a judgment authored by now-Chief Justice Richard Wagner.
Article content
Lower down, we have to contend with courts that set soft precedents that later justify even softer decisions. Aside from Ontario's mandatory minimum strikedown for underage solicitation, Khant was assisted by a 2018 case in which a man was conditionally discharged for breaking his wife's arm on one occasion and, years later, threatening to kill her while pushing her head into a pillow.
Article content
Article content
This is happening all around Canada. In Calgary last year, a man on a study visa was found guilty of groping a woman's genitals at a club; he was given a conditional discharge to lessen his chances of deportation.
Article content
Orange background

Try Our AI Features

Explore what Daily8 AI can do for you:

Comments

No comments yet...

Related Articles

Man punched cougar in the face to fend off attack, B.C. officials say
Man punched cougar in the face to fend off attack, B.C. officials say

CTV News

time5 minutes ago

  • CTV News

Man punched cougar in the face to fend off attack, B.C. officials say

A worker in northern B.C. was attacked by a cougar Saturday morning, according to officials. The man encountered the animal around 11 a.m. near Lake Kathlyn in Smithers, the B.C. Conservation Officer Service said. 'A cougar approached him and swiped his upper body. The man, who was interviewed by (conservation officers) told them he punched the cougar in the face, and it disengaged,' a Facebook post form the agency said. The man's injuries did not require treatment in hospital. Traps have been set and conservation officers searched the area with dogs, but the cougar has not been located. 'The BC COS is continuing to monitor cougar activity in the area and will respond as necessary to ensure public safety,' the poste from the agency continued. According to WildsafeBC, cougar attacks are rare. Anyone who encounters a cougar is advised to stay calm, and not to run away. 'Make yourself look as large as possible and back away slowly, keeping the cougar in view, and allowing a clear exit for the cougar. If attacked, always fight back and never 'play dead,'' the organization's website says, adding that children are 'most at risk' if they are present during an encounter. Cougar conflicts and sightings can be reported to BC COS at Conservation Officer Service at 1-877-952-7277.

Toronto man drowns while kayaking in Wasaga Beach: OPP
Toronto man drowns while kayaking in Wasaga Beach: OPP

CBC

time6 minutes ago

  • CBC

Toronto man drowns while kayaking in Wasaga Beach: OPP

Social Sharing Police are investigating after a man died in a drowning incident in Wasaga Beach, Ont., a town about 20 kilometres northwest of Barrie. Ontario Provincial Police say emergency services responded to a residence on River Road East in Wasaga Beach at approximately 1:05 p.m. after reports of a missing kayaker. They say a 24-year-old man from Toronto had been kayaking with two others when their boat overturned. The Wasaga Beach Fire Department located the man and started resuscitation efforts before he was taken to hospital and later pronounced dead. Police have not released the man's identity out of respect for his family. In an unrelated incident, a three-year-old also drowned on Saturday in Long Sault, Ont., about 100 kilometres southeast of Ottawa.

79-year-old man dies after capsizing his kayak in Quebec's Eastern Townships
79-year-old man dies after capsizing his kayak in Quebec's Eastern Townships

CTV News

time35 minutes ago

  • CTV News

79-year-old man dies after capsizing his kayak in Quebec's Eastern Townships

A 79-year-old man died after capsizing his kayak on Lake Long Pond in Bolton-Est, Estrie. Emergency services were called at around 1:45 p.m. on Saturday to the lake near Kates Road after the 79-year-old man was not seen returning from his recreational activity. A search was conducted on the shore and on the lake to locate the victim, explained Sûreté du Québec (SQ) spokesperson Sergeant Frédéric Deshaies. Provincial police divers finally located the victim's body on Sunday morning in the area where he had capsized. This report by The Canadian Press was first published in French on July 27, 2025.

DOWNLOAD THE APP

Get Started Now: Download the App

Ready to dive into a world of global content with local flavor? Download Daily8 app today from your preferred app store and start exploring.
app-storeplay-store