5 years
Indictable offence related to sexual offences against children. Creates inadmissibility under IRPA s.36(2). The nature of the offence makes rehabilitation applications particularly difficult.
Taking a child who lives in Canada out of the country so that a sexual offence can happen elsewhere. The maximum is 5 years, below the serious criminality line, so it is treated as ordinary criminality. The subject matter still weighs heavily on any later attempt to be found rehabilitated.
(1) No person shall do anything for the purpose of removing from Canada a person who is ordinarily resident in Canada and who is (a) under the age of 16 years, with the intention that an act be committed outside Canada that if it were committed in Canada would be an offence against section 151 or 152 or subsection 160(3) or 173(2) in respect of that person; (b) 16 years of age or more but under the age of eighteen years, with the intention that an act be committed outside Canada that if it were committed in Canada would be an offence against section 153 in respect of that person; (c) under the age of 18 years, with the intention that an act be committed outside Canada that if it were committed in Canada would be an offence against section 155, subsection 160(2) or section 170, 171, 267, 268, 269, 271, 272, 273 or 320.102 in respect of that person; or (d) under the age of 18 years, with the intention that an act be committed outside Canada that, if it were committed in Canada, would be an offence against section 293.1 in respect of that person or under the age of 16 years, with the intention that an act be committed outside Canada that, if it were committed in Canada, would be an offence against section 293.2 in respect of that person. (2) Every person who contravenes this section is guilty of (a) an indictable offence and is liable to imprisonment for a term not exceeding five years; or (b) an offence punishable on summary conviction.