I'm a Permanent Resident and Have Been Charged with a Criminal Offence

When persons who are not Canadian citizens are charged with criminal offences, this information is passed on to immigration officials. If you are a permanent resident in Canada (that is, you have a permanent resident card or a Record of Landing Document), you could lose your permanent resident status and could be deported to your country of origin if you are convicted of a serious crime.

A crime is serious if:

• the maximum sentence you could get is 10 or more years in prison (even if you get a shorter sentence), or
• the sentence that you do get is more than 6 months in prison.

If you are a permanent resident, it is a good idea to apply for Canadian citizenship as soon as you meet the requirements. Once you become a citizen you cannot be removed from Canada no matter how serious the criminal conviction. If you are in Canada on a temporary status (such as a student or temporary worker), a criminal conviction can seriously affect your status and may affect your right to remain in Canada.

First steps

1. As a permanent resident who has been charged with a criminal offence, it is important to consult with a lawyer who has experience in criminal law and immigration law. If you cannot afford to hire a lawyer on your own, apply for legal aid. See Legal aid representation in the Resource Guide for information about applying for legal aid. To qualify for legal aid you must be financially eligible and there must be a risk of jail or deportation if convicted of the charge.
2. If you are detained because of the criminal charge, contact criminal duty counsel. If you are detained because of immigration proceedings, contact immigration duty counsel. See Duty counsel in the Resource Guide for more information.

What happens next

You will have to deal with the criminal charge in court, either by pleading guilty or going to trial. See the question "I've been charged with a criminal (or youth) offence" for more information.

If you plead guilty or are convicted at trial, immigration officials can prepare a report and refer your case to the Immigration Division of the Immigration and Refugee Board for an admissibility hearing.

The Immigration Division does not look to the facts of the case or any mitigating factors. The Immigration Division's role is to determine whether the crime you have been convicted of is "serious" according to the definition above. If

If the admissibility hearing results in a removal order, you can appeal the order to the Immigration Appeal Division. However, if your sentence is for more than two years, you lose your right to appeal to the Immigration Appeal Division.

If you appeal, the Immigration Appeal Division decides whether a removal order can be set aside on humanitarian and compassionate grounds. The Immigration Appeal Division considers many factors, including the facts surrounding of the criminal offence, the sentence you received, the amount of time you have lived in Canada, the effect your removal will have on you and close family members, your connections to Canada, and any evidence of rehabilitation.

If you are successful on your appeal, your removal order may be cancelled or stayed for a certain number of years. A stay of removal allows you to remain in Canada as long as you do not breach the conditions of the stay.

Where to get help

See the Resource Guide for a list of helpful resources. Your best bets are:

Where to get help <Immigrant settlement agencies>

Written resources Insert links .

Before meeting with a lawyer or advocate, complete the form Preparing for Your Interview included in this Guide. Make sure you bring copies of all documents relating to your case.

A person licensed to practice law in a particular jurisdiction by that jurisdiction's law society. See "barrister and solicitor."

Under the Family Law Act, a term that describes the time a person who is not a guardian of a child, including a parent who is not a guardian, has with that child. Under the Divorce Act, a term that describes the time a person who is not a married spouse has with a child. See "guardian" and "parental responsibilities."

A lawyer paid by legal aid or the government who provides limited legal assistance to people on the day that they are in court.

A legal document setting out either a claim or a defence to a claim prepared at or following the start of a court proceeding. In the Provincial Court, the pleadings are the Application to Obtain an Order and Reply. In the Supreme Court, the pleadings include the Notice of Family Claim, Response to Family Claim, Counterclaim, Petition, and Response to Petition. See "action," "claim" and "Counterclaim."

The testing of the claims in a court proceeding at a formal hearing before a judge with the jurisdiction to hear the proceeding. The parties present their evidence and arguments to the judge, who then makes a decision resolving the parties' claims against one another that is final and binding on the parties unless successfully appealed. See "action," "appeal," "argument," "claim," "evidence" and "jurisdiction."

(1) In law, a court proceeding; a lawsuit; an action; a cause of action; a claim. (2) A historic decision of the court; case law. See "action," "case law, " "court proceeding," and "precedent."

In law, any proceeding before a judicial official to determine questions of law and questions of fact, including the hearing of an application and the hearing of a trial. See "decision."

A mandatory direction of the court that is binding and enforceable upon the parties to a court proceeding. An "interim order" is a temporary order made following the hearing of an interim application. A "final order" is a permanent order, made following the trial of the court proceeding or the parties' settlement, following which the only recourse open to a dissatisfied party is to appeal. Failing to abide by the terms of an order may constitute contempt of court. See "appeal," "consent order," "contempt of court," "decision" and "declaration."

An application to a higher court for a review of the correctness of a decision of a lower court. A decision of a judge of the Provincial Court of British Columbia can be appealed to the Supreme Court of British Columbia. A decision of a judge of the Supreme Court can be appealed to the Court of Appeal for British Columbia. See "appellant" and "respondent."

Facts, or proof tending to support the existence of facts, presented to a judge at a hearing or trial. Evidence can be given through the oral testimony of witnesses, in writing as business records and other documents, or in the form of physical objects. Evidence must be admissible according to the rules of court and the rules of evidence. See "circumstantial evidence," "hearsay" and "testimony."

A resolution of one or more issues in a court proceeding or legal dispute with the agreement of the parties to the proceeding or dispute, usually recorded in a written agreement or in an order that all parties agree the court should make. A court proceeding can be settled at any time before the conclusion of trial. See "action," "consent order," "family law agreements" and "offer."

(1) A lawyer or a person other than a lawyer who helps clients with legal issues, or (2) to argue a position on behalf of someone.