Fraudster gets soft sentence because he's a non-citizen

A 53-year-old man convicted in connection with an alleged fraud targeting new immigrants to Canada received a reduced sentence because he, too, is an immigrant.

A 53-year-old man charged in connection with an alleged fraud targeting new immigrants to Canada received a reduced sentence because he, too, is an immigrant.

Rafael Layton was sentenced to six months in jail after pleading guilty to a fraud count involving 15 victims, most of them recent arrivals to the country who were duped in phony car sales deals.

Ontario Superior Court Justice Clayton Conlan handed down the sentence in Milton on June 30, acknowledging Layton's non-citizen status as a mitigating factor that could lead to immigration consequences, including potential deportation.

"I also take into consideration the potential immigration consequences, given that Mr. Layton is not a Canadian citizen," Conlan said in oral reasons.

"The case law is clear that one cannot consider immigration consequences to move what would otherwise be a fit sentence into the realm of being an unfit sentence. But I do not think that six months in jail from today is an unfit sentence. It is at the low end of the range.”

The judge stressed that while immigration factors cannot render a sentence unfit, they warranted a reduction here, describing the six-month term as "relatively lenient" and "justified, given the immigration consequences and the mitigating effect of his guilty pleas."

From the Judge’s ruling

The judge noted the sentence was originally set at 10 months but reduced to nine months, less four days to account for harsh pre-sentence custody conditions.

Layton, who has a prior criminal record including four convictions from 2009 unrelated to fraud, must also serve three years of probation upon release, with strict conditions including no contact with victims, restrictions on vehicle sales or financial roles, and mandatory counselling.

Additional orders include a DNA sample, nearly a $200,000 fine in lieu of forfeiture of crime proceeds payable within five years of release, along with monthly payments of at least $1,000 starting Jan. 1, 2026 and a 10-year ban on certain financial activities.

Conlan emphasized the sentence's severity in totality, citing the need for denunciation, deterrence and protection of the public from Layton's "habitual" fraudulent behaviour.

The victims described profound impacts in statements read in court, including loss of trust, financial ruin, depression, anxiety and damaged relationships.

"Overall, this scam has left me feeling completely violated and disillusioned," one unnamed victim wrote.

"The dishonesty of just one person has altered my sense of security and my trust in others."

It's not clear whether this sentencing will be appealed, but a B.C. sentencing based on similar principles was recently overturned by that province's Court of Appeal.