Any person living in Canada who is not a Canadian Citizen may be at risk for being deported if he or she is convicted of a criminal offence. Whether the Government of Canada initiates proceedings to have you deported for a criminal conviction will be determined by your status here in Canada, as well as the criminal offence that are convicted for and the punishment you receive.
Status in Canada
Any person in Canada who is not a Canadian Citizen is either a Permanent Resident or a Foreign National. A Permanent Resident includes anyone living in Canada who has been classified as an Immigrant or Refugee and who has therefore been granted the right to live in Canada permanently. A Permanent Resident is commonly referred to as someone who is a Landed Immigrant. The right to permanently live in Canada is not an absolute right, and any person who is Permanent Resident can be at risk for being deported if he or she is convicted of a criminal offence.
A Foreign National can be any one of a number of people, including a visitor, a student, a refugee claimant, or any other person in Canada without an immigration status. Simply put, a Foreign National is anyone in Canada who is not a Canadian Citizen or a Permanent Resident.
When am I at Risk of being Deported?
If you are a Foreign National, then you may be deported if you are convicted of any criminal offence under the Criminal Code of Canada. The type of sentence you receive is irrelevant, as any conviction could result in you being deported from Canada.
If you are a Permanent Resident, you may still be at risk of being deported upon being convicted of a criminal offence. However, unlike being a Foreign National where any conviction will result in being deported, as a Permanent Resident there are circumstances where you can receive a criminal conviction and not be at risk for being deported.
If you are a Permanent Resident who has been convicted of a criminal offence and you either (1) receive a jail sentence of more than 6 months or (2) the maximum punishment you can receive is 10 years of more, then you may be deported from Canada. Even if you are not sentenced to 10 years or more in jail, you are still at risk of being deported so long as that punishment is possible under the law. Examples of criminal offences where you can be subject to a maximum penalty of 10 years in jail or more include aggravated assault, assault causing bodily harm, sexual assault, extortion, breaking and entering, and robbery.
Resolving Your Criminal Matter
If you are a Foreign National and you are charged with a criminal offence, to ensure you are not at risk of being deported you must resolve the charges against by (1) a discharge, (2) a peace bond (if available), (3) a withdrawal of the charges, or (4) being found not guilty. Any of the above resolutions will not result in the Court entering a conviction against you. A discharge is where the judge makes a finding of guilt, but he or she does not enter a convicted. Anything more than a discharge will put you at risk of being deported from Canada if you are a Foreign National.
If you are a Permanent Resident, it is possible to be convicted of a criminal offence and remain in Canada. However, the best possible result would be to avoid a criminal conviction altogether. Hiring a lawyer can make the difference between being convicted and having the charges against withdrawn or resolved by a discharge. Hiring a lawyer immediately after you have been charged can, in some circumstances, increase the possibility that the charges against you can be resolved by a discharge.
Additional Risks
Where you are a Permanent Resident and you have been convicted of a serious criminal offence, in addition to the possibility of being deported, you may also be at risk of losing your status as a Permanent Resident. For example, where you are a refugee and you have been convicted of a serious crime, then you are at risk of losing your refugee status. However, there are also provisions which allow you to remain in Canada where you are a Convention Refugee and deporting you would result in a serious risk of persecution or serious harm. You will not be provided this protection where you have been deemed to be a danger to the public.
In circumstances where you are deported, whether you are a Foreign National or a Permanent Resident, you may also be in a situation where you are not permitted back into Canada at later date.
What Happens When I Am Arrested?
When you are arrested and charged with a criminal offence, one of the duties the police will do is determine whether you are a Canadian Citizen, a Permanent Resident or a Foreign National. If you are charged with a criminal offence and you are not a Canadian Citizen, the local police agency will inform the Canadian Border Services Agency (CBSA) that you have been charged with a criminal offence. In circumstances where you are convicted of a criminal offence, the police will also pass this information on to the CBSA.
If the police do not release you after you have been arrested, you will be held for a bail hearing where a Justice of the Peace will determine whether you should be released pending the outcome of the criminal charges against you.
Contact a Lawyer
If you are not a Canadian Citizen and you have been charged with a criminal offence in Canada, you should strongly consider hiring a lawyer immediately. You may be at risk of being deported from Canada if you are convicted of a criminal offence, and a lawyer can be the difference between you remaining in Canada or being deported and possibly being denied entry into Canada again. Contact me today if you have been charged with a criminal offence.
