Deportation Crimes – Mississauga & Brampton
On June 28, 2002, Canada repealed the Immigration Act, 1976 and replaced it with the Immigration and Refugee Protection Act, 2001 (IRPA).
A Permanent Residence can be deported if they are convicted of any offence for which there is a possibility of at least ten years imprisonment. A Foreign National (anyone who is neither a Canadian Citizen nor Permanent Resident) may be deported along with their family upon conviction for any indictable offence.
The only way to mitigate the harsh effects of a conviction on a Foreign National is by either the granting of a discharge pursuant to section 730 of the Criminal Code or a conviction for one purely summary conviction offence. The Foreign National only gets one chance. A conviction arising out of more than one occurrence will make the Foreign National inadmissible.
A serious criminal Permanent Resident is someone convicted of an offence for which 10 or more years may be imposed, that person is then inadmissible and subject to deportation.
A Permanent Resident or Foreign National with a conviction no matter how old is potentially inadmissible and subject to deportation. This means that a Permanent Resident in Canada for 30 years can still be deported under the IRPA.
Furthermore, a Permanent Resident found to be an inadmissible person may be arrested, detained, and removed from Canada without the right of an appeal if imprisoned for more than two years. The IRPA now allows a Prosecutor to request an Immigration Officer to start an admissibility hearing for an accused Permanent Resident with a history of serious criminality (no matter how long ago the conviction).
The Foreign National has no right of appeal. A further judicial review for Permanent Residents or Foreign Nationals is allowed – with leave – to the Federal Court of Canada. However, the Federal Court must hear the application within 30-90 days of the granting leave.
If a person is convicted of a crime of sexual assault or domestic violence that person will be barred from the ability to sponsor any family member in the future pursuant to IRPA section 133(1)(e).
We can help you develop a strategy to minimize the risks that the IRPA places upon Permanent Residents and Foreign Nationals once they are charged with a criminal offence.
Contact Us for a consultation. I offer strategic, intelligent and aggressive advocacy focused on your rights.