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Can I Be Deported from Canada for Criminal Charges?

Criminal Charges and Immigration & Citizenship 

Facing criminal charges in Canada can have significant consequences, especially for non-citizens. Depending on the nature of the offence and its outcome, criminal charges can lead to potential deportation or removal from Canada. Understanding your legal rights and the potential implications is crucial. If you’re in this situation, consulting with a criminal lawyer in Brampton, like Manbir Nirwal, can provide you with the necessary defence and guidance.

Who Can Be Deported for Criminal Charges?

Deportation can apply to non-citizens, which includes:

  • Permanent Residents: Those who hold permanent resident (PR) status but are not Canadian citizens.
  • Refugees: Individuals with refugee status may face removal under specific conditions.
  • Temporary Residents: Visitors, students, or workers with temporary visas.
  • Undocumented Individuals: Those without legal status in Canada.

 

Criminal Charges and Deportation Risk

Not all criminal charges lead to deportation, but certain types of offences can have immigration consequences. Key factors include the nature of the offence, the type of conviction, and the sentence imposed.

  1. Serious Criminality
  • Defined under Canadian immigration law as:
    • A conviction for an offence punishable by a maximum sentence of at least 10 years.
    • Receiving a sentence of six months or more.
  • Examples include:
    • Assault causing bodily harm.
    • Impaired driving causing death.
    • Fraud involving significant amounts of money.
  1. Regular Criminality
  • Even less serious offences can result in inadmissibility, including:
    • Theft.
    • Simple assault.
    • Drug possession.
  1. Immigration Inadmissibility
  • A criminal conviction can render you inadmissible to Canada, affecting your ability to stay, renew your status, or become a citizen.

 

How Does Deportation Work?

If you’re convicted of a crime that triggers deportation proceedings, the Canada Border Services Agency (CBSA) may issue a removal order. Steps include:

  1. Notification: You will be informed of your inadmissibility and the removal order.
  2. Appeal Rights: Depending on your status and the nature of the offence, you may appeal to the Immigration Appeal Division (IAD).
  3. Enforcement: If the removal order is upheld, CBSA will enforce your deportation.

 

Can I Fight Deportation?

Yes, there are legal remedies to challenge deportation:

  1. Appealing to the Immigration Appeal Division
    • If eligible, you may argue against removal based on humanitarian and compassionate grounds, family ties, or rehabilitation.
  2. Judicial Review
    • A Federal Court can review the decision to ensure it was lawful and reasonable.
  3. Criminal Defence
    • Avoiding a conviction or minimizing the sentence can prevent deportation triggers.

 

Why Hire a Criminal Lawyer?

If you’re facing criminal charges and concerned about deportation, having a skilled criminal lawyer in Brampton on your side is essential. At Nirwal Law, we focus on building strong defences to reduce the likelihood of conviction and its immigration consequences. Here’s how we can assist:

  • Defending Against Charges: A successful defence can help avoid a conviction, preserving your immigration status.
  • Plea Negotiations: Negotiating lesser charges or sentences that fall below deportation thresholds.
  • Comprehensive Legal Strategy: Collaborating with immigration counsel to address both criminal and immigration aspects of your case.

 

Protect Your Future

Criminal charges can jeopardize your status in Canada, but with the right legal approach, the impact can be mitigated. While Manbir Nirwal is not an immigration lawyer, his expertise in criminal defence can ensure that you receive the best possible outcome for your case. For immigration-specific advice, it’s important to consult an experienced immigration lawyer.

At Nirwal Law, we are committed to providing top-tier criminal defence services to safeguard your rights and minimize the consequences of criminal charges. Contact us today for a consultation.

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