A criminal charge can be scary on its own. When you are not a Canadian citizen, it can feel like the ground disappears under you. You are thinking about your work permit, PR card, study permit, citizenship plans, and whether one court date in Toronto could turn into removal proceedings.
If you need a lawyer for Toronto criminal charges and immigration consequences, you need advice before you make a single “quick” decision.
Kazandji Law’s criminal defence attorneys represent people across Toronto and the GTA who face criminal allegations with immigration risk attached. The goal is simple: protect your freedom in criminal court, while also protecting your ability to stay in Canada, travel, and build a future here.
How A Lawyer For Toronto Criminal Charges And Immigration Consequences Changes The Outcome
Immigration consequences are not an add-on. They can be the whole case.
Under the Immigration and Refugee Protection Act (IRPA), permanent residents and foreign nationals can be found inadmissible for criminality or serious criminality. IRPA section 36 sets out key triggers, including convictions in Canada for offences punishable by a maximum term of at least 10 years, or where a term of imprisonment of more than six months has been imposed.
Two details catch Toronto clients off guard all the time:
- Hybrid offences are treated as indictable for immigration purposes. IRPA says an offence that can be prosecuted summarily or by indictment is deemed indictable, even if it was prosecuted summarily.
- Six months can be a cliff-edge for permanent residents. If serious criminality is “punished in Canada” by a term of imprisonment of at least six months, there may be no appeal to the Immigration Appeal Division in many removal-order situations.
That is why “take the deal and move on” can be dangerous advice when immigration status is in play.
What This Looks Like In Real Toronto Life
Criminal court may happen downtown at 361 University Avenue.
Immigration detention, if it happens, can be at the Toronto Immigration Holding Centre at 385 Rexdale Boulevard, near Pearson Airport.
And immigration proceedings can involve the Immigration and Refugee Board, including offices in Toronto.
So yes, it can move from a police station to a downtown courtroom to an immigration process faster than most people expect.
What Kazandji Law Does Differently In These Files
When people hire an attorney for immigration-linked criminal offences in Toronto, they are usually trying to avoid three nightmares: a conviction that triggers inadmissibility, a jail sentence that triggers a loss of appeal options, and a set of bail or probation conditions that makes life impossible.
Here is how we attack the case.
We Treat The Plea As A High-Stakes Decision
A guilty plea is not “just paperwork.” It can become the foundation for an inadmissibility allegation under IRPA section 36.
We assess the evidence, the defences, the Crown’s real negotiating position, and the immigration risk before you commit to anything.
We Fight The Case, And We Fight The Sentence
Sometimes the best protection is a full defence on the merits. Sometimes the evidence is thin and collapses under pressure. Other times, resolution is realistic, but the terms matter. For permanent residents, sentencing outcomes can affect appeal rights and the path the CBSA may take.
We Look For Lawful, Safer Outcomes Where They Fit
In some cases, a discharge may be available. Section 730 of the Criminal Code allows a court, in eligible situations, to discharge an accused instead of convicting them.
Not every offence qualifies, and not every fact pattern supports it, but it is one example of why you want defence counsel who is thinking beyond the next court appearance.
We Plan Around Travel, Work, And Family Reality
Clients often have urgent needs: a work trip, a PR card renewal, a citizenship application, a school term, or family responsibilities. We build strategy around those pressure points, while still staying focused on the best legal outcome.
What You Should Do Right Now If You Are Not A Citizen
- Do not give a statement to the police “to clear it up.”
- Do not accept a plea deal because it sounds fast.
- Bring your immigration status details to your lawyer: PR, study permit, work permit, visitor status, refugee claim, pending applications.
- If you are worried about detention risk, take it seriously. The CBSA does operate immigration detention facilities, including in Toronto.
If you are calling an attorney for immigration-linked criminal offences in Toronto support, it is usually because time is short. Early defence work is where the best options live.
FAQs on Criminal Charges And Immigration Consequences In Toronto
Can I be deported for a criminal charge, or only a conviction?
A charge alone is different from a conviction, but the criminal process can move toward outcomes that trigger inadmissibility under IRPA section 36. Get advice before you plead or agree to facts.
I am a permanent resident. Why does “six months” matter so much?
IRPA section 64 links serious criminality and the ability to appeal certain removal outcomes, including where the crime was punished in Canada by at least six months of imprisonment.
If the Crown proceeds summarily, is it safer for immigration?
Not automatically. IRPA says hybrid offences are deemed indictable for immigration purposes, even if prosecuted summarily.
Could a discharge help avoid a conviction?
In eligible cases, a court can grant an absolute or conditional discharge instead of entering a conviction under Criminal Code section 730. Whether it helps in your situation depends on the charge, the facts, and how immigration law treats the outcome.
Where do immigration consequences show up in Toronto?
It can involve CBSA action, detention at the Toronto Immigration Holding Centre, and proceedings connected to the Immigration and Refugee Board.
The Next Step
If you are not a citizen, a criminal case is never “just criminal.” It is status, stability, and your life in Toronto on the line. The smartest move is to get advice before you plead, before you accept conditions you cannot follow, and before a decision becomes irreversible.
If you are looking for a lawyer for Toronto criminal charges and immigration consequences, talk to Kazandji Law early, while the defence options are still wide and the immigration risk can still be managed.