«[A] sentencing judge may exercise his or her discretion to take collateral immigration consequences into account, provided that the sentence that is ultimately imposed is proportionate to the gravity of the offence and the degree of responsibility of the offender,» he wrote. (canadianlawyermag.com)
Section 718.1 of the Criminal Code states: «A sentence must be proportionate to the gravity of the offence and the degree of responsibility of the offender.» (canadianlawyermag.com)
However, judgment of what the victim did before the assault or rape took place puts the responsibility of the offender's actions with the victim, which takes the focus off whether they consented to the sexual activity in question. (lawyer-monthly.com)