The problem for two men is the criminal record along with the fine.
Jithin Chandran, seen here, and Anas Ankur, both pleaded guilty to impaired driving in Nova Scotia. A judge recently overturned their conditional discharges on appeal, meaning they could face deportation for drunk driving. - FacebookTwo men from Bangladesh and India who pleaded guilty to impaired driving in Nova Scotia have seen their conditional discharges quashed on appeal, meaning they could face deportation for drunk driving.
The problem for the pair is the mandatory minimum sentence for impaired driving, which is a fine, and the criminal record that comes along with it.“The difficulty for both Mr. Ankur and Mr. Chandran was not the mandatory fine, but the fact that because there was a mandatory minimum, a discharge was unavailable and, therefore, a criminal record was unavoidable in the circumstances,” Boudreau said.
Chandran relied on that decision, asking Aleta Cromwell, who was a provincial court judge at the time, but has since been promoted to the Nova Scotia Supreme Court’s family division, to refuse to apply the mandatory minimum as well. Cromwell granted Chandran a discharge on Oct. 28, 2021.Police pulled Ankur over on Feb.
“Although the legislation uses discretionary language, it was Mr. Buchert’s evidence that in the case of criminality for a foreign national, removal orders are made routinely. He expressed that in a case similar to Mr. Ankur, there was a better than 95 per cent chance of removal from Canada, in his opinion.”“He explained that his parents view his move to Canada as a singular hope for his family’s financial future,” said the trial judge.
“The caselaw is clear that these offences require clear deterrence and denunciation and that, at the very least, a conviction and fine are necessary components of any sentence.” Simmons also heard “Ankur would suffer personal embarrassment and potentially a loss of income or employment prospects,” Boudreau said.“Obviously, that is not cruel and unusual punishment either. Many persons with criminal convictions face those consequences. Perhaps all of them do. Again, consequences are the point of the sentencing exercise.”
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