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Difference between revisions of "Immigration Issues at Sentencing (18:XIII)"
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Immigration Issues at Sentencing (18:XIII) (view source)
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If a permanent resident has been convicted of an offence in Canada for which a maximum term of imprisonment of more than 10 years could be imposed, he or she becomes inadmissible to Canada and will be issued a deportation order. A permanent resident has the right to appeal a deportation order to the IAD under s 63(3) of the IRPA. As noted above, this right of appeal is lost if the permanent resident actually receives a sentence of 6 months or more, and the calculation of 6 months includes pre-trial custody, so an individual who receives a 2 month sentence in addition to double credit for 2 months pre-trial custody, has received a 6 month sentence. | If a permanent resident has been convicted of an offence in Canada for which a maximum term of imprisonment of more than 10 years could be imposed, he or she becomes inadmissible to Canada and will be issued a deportation order. A permanent resident has the right to appeal a deportation order to the IAD under s 63(3) of the IRPA. As noted above, this right of appeal is lost if the permanent resident actually receives a sentence of 6 months or more, and the calculation of 6 months includes pre-trial custody, so an individual who receives a 2 month sentence in addition to double credit for 2 months pre-trial custody, has received a 6 month sentence. | ||
'''NOTE:''' Clinicians should advise clients to actively raise these immigration considerations with criminal defence counsel at the earliest opportunity, and make sure that counsel are engaging these issues whenever the client is in custody, or faces a possible custodial sentence. | :'''NOTE:''' Clinicians should advise clients to actively raise these immigration considerations with criminal defence counsel at the earliest opportunity, and make sure that counsel are engaging these issues whenever the client is in custody, or faces a possible custodial sentence. | ||
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