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 six 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 List 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 List 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 section "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 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 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 List of this Guide for a list of helpful resources. Your best bets are:

• Legal aid representation, to see if you qualify for legal aid.
• Settlement agencies such as MOSAIC, which provide a wide range of services to immigrants and newcomers. The publication "Your Guide to the Refugee Claim Process" includes a list of settlement agencies. MOSAIC also publishes a detailed guide on "Immigration and Refugee Law".
• The Law Students' Legal Advice Program Manual chapter on "Immigration Law".

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.

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