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Last verified: June 2026 · Source: justice.gc.ca← Back to IRPA ExplorerLast verified: June 2026 · Source: justice.gc.ca
PART 3: Enforcement
§121

Aggravating factors

Aggravating factors

Family Sponsorship
🍁 In Simple Terms

When a judge sets that sentence, four things make it worse: someone was hurt, killed or put in danger, a criminal organization was behind it or benefited from it, it was done for profit whether or not any money actually came in, and anyone was treated in a humiliating or degrading way, including through their work, their living conditions or sexual exploitation.

Affects: Persons subject to removal or detention
Legal Text: IRPA Section 121

121 The court, in determining the penalty to be imposed under section 120, shall take into account whether (a)bodily harm or death occurred, or the life or safety of any person was endangered, as a result of the commission of the offence; (b)the commission of the offence was for the benefit of, at the direction of or in association with a criminal organization; (c)the commission of the offence was for profit, whether or not any profit was realized; and (d)a person was subjected to humiliating or degrading treatment, including with respect to work or health conditions or sexual exploitation as a result of the commission of the offence.

Cross-References
Related Subsections
s.121.1Definition of criminal organization

121.1 (1) For the purposes of subparagraphs 117(3.1)(a)(ii) and (b)(ii) and (3.2)(a)(ii) and (b)(ii) and paragraph 121(b), criminal organization means a criminal organization as defined in subsection 467.1(1) of the Criminal Code. (2) For the purposes of subparagraphs 117(3.1)(a)(ii) and (b)(ii) and (3.2)(a)(ii) and (b)(ii), terrorist group means a terrorist group as defined in subsection 83.01(1) of the Criminal Code.

In Practice
Official Source: Justice Canada: IRPA s. 121 (authoritative, may differ from this display)
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