For a Canadian citizen, a criminal charge is a threat to their liberty. For a permanent resident, work permit holder, or international student, it is a threat to their entire life in Canada.
In Ontario, the criminal justice system and the immigration system are inextricably linked. A decision made in a criminal courtroom in Toronto or Brampton can trigger a sequence of events that leads directly to the loss of status and, ultimately, removal from the country.
Kazandji Law‘s lawyer for Ontario criminal charges and immigration consequences understands that for our non-citizen clients, the “immigration sentence” is often far harsher than the criminal one. A suspended sentence that an adult citizen might consider a “win” could be a catastrophic loss for someone holding a PR card. We provide an integrated defence that prioritizes your right to remain in Canada.
The Intersection of the Criminal Code and the IRPA
The rules governing how criminal activity affects non-citizens are found in the Immigration and Refugee Protection Act (IRPA). Under Section 36 of the IRPA, a permanent resident or foreign national can be found “inadmissible” to Canada on grounds of serious criminality or criminality.
The distinction between these two categories is vital:
- Serious Criminality (Section 36(1)): This applies to permanent residents or foreign nationals convicted of an offence carrying a maximum prison term of at least 10 years, or an offence where a prison term of more than six months was actually imposed.
- Criminality (Section 36(2)): This generally applies to foreign nationals (not PR holders) who are convicted of an indictable offence or two summary offences not arising out of the same occurrence.
Why Your Defence Strategy Must Be Immigration-Aware
Standard criminal lawyers often focus solely on avoiding jail time. However, in Ontario, avoiding jail is not enough to protect your status. Under the IRPA, the maximum potential penalty of the charge is what triggers serious criminality, regardless of the actual sentence you receive.
For example, if you are a permanent resident charged with Assault with a Weapon, you are facing a charge that carries a maximum of 10 years. Even if the judge gives you a conditional discharge and no jail time, you have still been convicted of an offence that meets the definition of serious criminality.
This could lead to a Section 44 Report, an admissibility hearing, and the loss of your PR status. Our lawyer for Ontario criminal charges and immigration consequences works to negotiate charges down to offences with maximum penalties of less than 10 years to bypass these automatic triggers.
The Six-Month Rule and Appeal Rights
One of the most critical thresholds in Canadian immigration law is the six-month mark. If a permanent resident is sentenced to more than six months in jail (even if served intermittently or in the community), they lose their right to appeal a deportation order to the Immigration Appeal Division (IAD).
Without an IAD appeal, you lose the ability to argue “humanitarian and compassionate” grounds — such as having children in Canada or facing danger in your home country. We fight aggressively to ensure that any sentence imposed remains at six months or less (e.g., a sentence of 179 days) to preserve your right to stay with your family.
FAQs: Working With a Lawyer for Ontario Criminal Charges and Immigration Consequences
Can I be deported from Canada if I haven’t been convicted yet?
While you are generally presumed innocent, an outstanding charge can lead to a “stay” on your citizenship application or a refusal to renew a work or study permit. For foreign nationals, the mere “commission” of an act can sometimes be enough for an inadmissibility report.
What is a Section 44 Report?
This is a report written by a CBSA officer stating that they believe you are inadmissible to Canada due to your criminal record. It is the first formal step in the deportation process.
Does a Conditional Discharge count as a conviction for immigration?
In Canadian criminal law, a discharge means you aren’t convicted. However, for immigration purposes, the IRPA treats a discharge as a conviction if the offence carries a maximum sentence of 10 years or more. This is a common trap for non-citizens.
Can I still apply for citizenship with a criminal record?
You are ineligible for citizenship while you are serving a sentence (including probation) or if you have been convicted of an indictable offence in the four years preceding your application.
What if my crime happened outside of Canada?
The IRPA applies to Equivalency. If the act you committed abroad would be a crime in Canada, carrying a 10-year maximum, you are inadmissible under Section 36.
How does a Peace Bond affect my status?
A Section 810 Peace Bond is not a conviction. It is often the best possible result for non-citizens because it generally does not trigger inadmissibility under the IRPA.
Can I be deported for a DUI?
Yes. In 2018, Canada increased the maximum penalty for Impaired Driving to 10 years. This moved DUIs into the Serious Criminality category, meaning a permanent resident can lose their status for a single drunk driving conviction.
What is the Immigration Appeal Division (IAD)?
The IAD is where you can argue that you should be allowed to stay in Canada despite your crime due to your establishment in the country, your family ties, and the best interests of any children involved.
Can I lose my status for a Summary offence?
For foreign nationals (students/workers), yes. For Permanent Residents, a single summary conviction usually does not result in a loss of status unless it carries a 10-year maximum.
Will I be deported immediately after my sentence ends?
Not necessarily. The CBSA must first conduct an admissibility hearing. However, they may hold you in Immigration Detention once your criminal sentence is complete.
Can a pardon (Record Suspension) help my immigration status?
Yes. If you receive a record suspension, you are no longer inadmissible for that offence. However, getting a pardon takes years, and you may be deported before you are eligible to apply.
Why choose Kazandji Law’s criminal defence attorneys for these cases? We don’t work in a vacuum. Our lawyer for Ontario criminal charges and immigration consequences coordinates with immigration consultants and lawyers to ensure that every plea deal or trial strategy is “immigration-proofed.”
Protecting Your Future in Canada
If you are a non-citizen, you cannot afford a “standard” defence. You need a team that understands the high-stakes chess match between the Criminal Code and the IRPA. Contact our attorney for Ontario criminal charges and immigration consequences for a comprehensive review of your charges and a plan to protect your home in Canada.