The Supreme Court allowed the appeal and quashed a ministerial referral for an admissibility hearing under s. 36(1)(a) of the Immigration and Refugee Protection Act.
It held that a conditional sentence is not a 'term of imprisonment' for the serious criminality threshold based on an imposed sentence.
It also held that the 'maximum term of imprisonment of at least 10 years' must be assessed based on the law at the time the offence was committed, not at the time of the admissibility determination.
The matter was remitted to a different delegate for redetermination on a correct legal interpretation.
