He is a permanent resident -- and his enforced stay out of Canada likely does not count as spending too much time out of the country.
The real issue is the offence of obstruct justice. He is prima facie inadmissible if convicted of a foreign offence with a maximum sentence of ten years or more if prosecuted in Canada.
The wire fraud charges appear to not be offences in the US so all we are left with the obstruct justice.
Now in Canada obstruct justice has a maximum of 10 years but my sense is what Conrad Black was accused of doing would not have been obstruct justice here but some other offence against the judicial process (there are lots available) and almost all have maximums far less than 10 years.
So likely, if the US judge allows, Conrad Black gets into Canada without a special process.
4 comments:
we were discussing it at dinner last night, and didn't know about the potential restrictions. Thanks for a lawyer's clarification :)
Daria S.
Not so fast!
"The wire fraud charges appear to not be offences in the US" Please clarify. Did you mean "in Canada"?
Those charges were referred back to the appeals court.
He may still be required to serve the rest of his obstruction of justice sentence.
He's all ready decided that he'd prefer not to be a citizen. I hope he stays in his beloved United States, preferably behind bars, or his beloved United Kingdom.
Good bye Conrad and good riddance.
I meant to say the wire fraud convictions seem to be based on conduct the US SC has now found not criminal. I cannot see any of those charges will survive -- Black is left with the obstruct only
Is he a permanent resident, though? Most of the press coverage assumes that he's not. He renounced his Canadian citizenship, which would have left him as a foreign national without PR status -- not a permanent resident.
He's only a permanent resident if he applied and became one after renouncing citizenship. It's certainly possible, but do we know whether he did that?
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