R. v. Bytyqi, 2004 CanLII 14964 (ON CA)
[4] By the time of trial, the family was separated, the children lived with the wife, and there was no contact between the children and their father or their paternal grandparents. The trial judge expressed his hope that the children would resume seeing their father and grandparents. He also expressed his appreciation of the “pressures and frustrations” caused by the family’s move from Kosovo to Canada. In his reasons, the trial judge said that had Mr. Bytyqi been born or raised in Canada, he would have imposed a significant jail term. In our view, it is an error in principle to hold individuals “born or raised” in Canada – on that ground alone – to a higher standard of conduct than those who chose to move to Canada as adults.
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