Criminal Convictions Of Serious Crimes Lead To Deportation From Canada

The number one way to avoid serious criminality deportation from Canada is to follow the laws in Canada. Your right to remain in Canada rest with understanding and following the law here. It is that simple. In Canada, Permanent Resident status is relatively secure unless you cimmmit a serious crime. However, if charged with a crime as a permanent residents, the government deporting you is a possibility. Certain crimes subject the individual to deportation unless the person charged preserves the right to appeal. Learn more or have the immigration lawyers at Kahane Law Office work with your criminal lawyer to ensure proper representation.

What Is Serious Criminality

Since serious criminality deportation of permanent residents has long term consequences, importance rests in understanding the definition of this term. Foremost, we advise that no one commits a crime while living in Canada, or anywhere else. However, with the increase in consequences, people need an understanding of the resulting impact of their actions. For example, under A36(1) of the Immigration Refugees and Protection Act (“IRPA”) Foreign Nationals and Permanent Residents are inadmissible to Canada for serious criminality if:

  1. Convicted in Canada of an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years, or of an offence for which a sentence of more than six months is imposed;
  2. Convicted outside of Canada of an offence which constitutes a crime under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years; or of an offence for which a sentence of more than six months is imposed;
  3. An act committed outside Canada that is considered an offence where it was committed and that, if committed in Canada, would constitute an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 year.

Avoiding Inadmissibility And Possible Deportation For Serious Criminality

In order to avoid serious criminality deportation from Canada, permanent residents have certain responsibilities. A key to avoiding deportation from Canada includes simple steps. For example, the following form part of a simple plan to retaining status in Canada.

  1. It states the obvious, be a responsible Permanent Resident. Until you receive citizenship you remain a type of guest.
  2. Apply for citizenship as soon as you are eligible. Do so your children as well.  No law allows for the deporting of Canadian Citizens.
  3. If facing criminal charges, make sure your lawyer considers the immigration consequences. Sometimes criminal lawyers give advice that is good for a Canadian citizen. However, the advice is inaccurate and inappropriate for a Permanent Resident.

Options For Your Defense Lawyer To Protect You From Inadmissibility

Primarily, always use caution when negotiating guilty pleas. Defense counsel must consider negotiating a lesser offence mindful of the term of imprisonment triggers. Serious criminality refers only to offences arising from federal legislation. Specifically, these convictions are the ones that risk serious criminality deportation. An offence under a provincial statute lacks the same implications regarding someone’s admissibility to Canada. In addition, not all federal offences result in inadmissibility under serious criminality. For example, according to the law, inadmissibility is not at risk with offences:

  • Designated as a contravention under the Contraventions Act;
  • Where the person is found guilty under the former Young Offenders Act, or
  • For which the person received a youth sentence under the Youth Criminal Justice Act.

Preserving The Right To Appeal

As a rule, Permanent Residents can appeal a decision to strip them of their Permanent Resident status and deport them. Permanent Residents found to be inadmissible based on serious criminality, however, will not be permitted to appeal the decision, if their crime is punishable by a term of imprisonment exceeding six months. In other words, a Permanent Resident who is sentenced to at least six months of imprisonment for an offence will lose his or her right to appeal regarding inadmissibility.

The Importance Of An Appeal

The appeal is crucial because the Immigration Appeal Division has power to stay a serious criminality deportation order against a Permanent Resident.  As a Permanent Resident you can raise humanitarian factors for why they should not be deporting you, such as:

  • The length of time spent in Canada and the length of time living in Canada as a Permanent Resident.
  • Seriousness of the offence or offences leading to possible deportation order.

Children born In Canada

The law also looks at the overall impact of deportation on you and your family. Certainly your obligation to your family includes following Canadian laws.

The Immigration Appeal Division lacks the required jurisdiction to consider appeal for deportation, if the Permanent Resident’s sentence exceeds six months.  Hence, as noted before, it is extremely important your defense lawyer is fully aware of how a sentence impacts your Canadian residency status.

Kahane Law Helps Avoid Serious Criminality Deportation

Understand the immigration consequences of a guilty plea to avoid serious criminality deportation. If you or your criminal defense lawyer lack a full understanding of the consequences of serious criminality, please call Kahane Law.  Your rights extend beyond criminal defense and include direct impact on immigration status. We have the experience to give you and your criminal defense attorney the best advice available. Call  the lawyers at Kahane Law Office today. reach us at 403-225-8810 or phone (780) 571-8463 for Calgary and Edmonton respectively. In addition, reach us tool-free at  1-877-225-8817. Email is often faster so you can email us directly here.

The content on this article is provided for general information purposes only and does not constitute specific legal or professional advice of any kind.