Law360 Canada ( May 26, 2022, 5:58 AM EDT) -- Appeal by the accused from his sentence. The accused entered a guilty plea to one count of returning to Canada without authorization after having been deported thereby committing an offence under s. 124(1)(a) of the Immigration and Refugee Protection Act (IRPA). He was sentenced to nine months’ incarceration less time served of 47 days. His sentence had been served and he was returned to the United States. The judge noted that the accused was 59 years old, had a diploma in computer science, and had resided in various locations in the United States, including most recently at a homeless shelter in Eugene, Oregon. She also noted that he did not suffer from either mental health or substance abuse issues and had a dated criminal record in the United States. The judge identified the guilty plea and remorse as mitigating factors. The judge rejected the accused’s submission that he entered Canada because of fear due to political unrest and violence in Oregon. The judge also did not accept the accused’s explanation that, due to his age and medical conditions, he felt he would be much safer from COVID-19 in Canada than in the United States. The accused argued that the judge erred by overemphasizing deterrence, failed to give proper effect to proportionality and parity, and failed to consider collateral consequences associated with COVID-19....