Canada is a diverse nation, home to many non-citizens, including permanent residents, refugees, students, and workers. However, non-citizens facing criminal charges in Canada face unique challenges, as a conviction can have serious consequences beyond criminal penalties, including deportation or inadmissibility. Understanding how the Canadian criminal justice system impacts non-citizens and what steps to take if you find yourself in this situation is crucial for protecting your rights and future. This comprehensive guide covers everything non-citizens need to know about criminal defence in Canada.
Understanding the Intersection of Criminal Law and Immigration Law
In Canada, criminal law and immigration law are closely linked, especially when it comes to non-citizens. A criminal conviction can have significant immigration consequences, including:
- Deportation: A non-citizen convicted of certain criminal offences can be ordered removed from Canada. Deportation is a serious consequence that can affect your ability to return to Canada or enter other countries.
- Inadmissibility: A criminal conviction can make you inadmissible to Canada, preventing you from obtaining permanent residence, re-entering the country, or sponsoring family members.
- Loss of Status: Permanent residents, refugees, and others with protected status in Canada may lose their status if convicted of a serious criminal offence.
Because of these potential consequences, it is vital for non-citizens facing criminal charges to understand their legal rights and the importance of a robust defence strategy.
Criminal Offences That Can Lead to Deportation
Not all criminal offences lead to deportation or inadmissibility, but certain offences are more likely to have serious immigration consequences. These offences include:
- Serious Criminality: This typically involves crimes punishable by a maximum term of imprisonment of at least 10 years or a sentence of more than six months. Examples include aggravated assault, sexual assault, drug trafficking, and certain types of fraud.
- Criminality: Crimes that may result in a conviction and a sentence of less than six months can also lead to deportation or inadmissibility. This can include offences such as impaired driving, theft under $5,000, and minor drug offences.
- Organized Crime and Terrorism: Involvement in organized crime, terrorism, or human rights violations can result in immediate removal from Canada.
- Domestic Violence: Domestic violence charges can have serious immigration consequences, particularly if the offence is considered a serious crime or results in a conviction.
The Importance of Legal Representation for Non-Citizens
Given the potential immigration consequences, non-citizens facing criminal charges must have skilled legal representation. A criminal defence lawyer with experience in immigration law can provide crucial guidance and defence strategies tailored to your unique situation. Here’s how legal representation can help:
- Assessment of Immigration Consequences: A lawyer can assess the potential immigration consequences of the charges against you and advise you on the best course of action.
- Negotiating Lesser Charges: Your lawyer may be able to negotiate with the Crown prosecutor to reduce the charges to a lesser offence that carries fewer immigration consequences.
- Seeking Alternative Sentencing: In some cases, your lawyer may advocate for alternative sentencing options, such as a conditional discharge, which may not result in a criminal record or deportation.
- Building a Strong Defence: A lawyer can help you build a strong defence to fight the charges and avoid a conviction. This may involve challenging the evidence, presenting witness testimony, or arguing for your rights under the Canadian Charter of Rights and Freedoms.
The Canadian Charter of Rights and Freedoms
The Canadian Charter of Rights and Freedoms provides important protections for everyone in Canada, including non-citizens. Key rights include:
- Right to a Fair Trial: You have the right to a fair trial before an impartial judge. This includes the right to be presumed innocent until proven guilty and the right to cross-examine witnesses.
- Right to Counsel: You have the right to legal representation. If you cannot afford a lawyer, you may be eligible for legal aid.
- Right to Protection Against Arbitrary Detention: You cannot be detained or arrested without a valid legal reason. If you are detained, you have the right to be informed of the reasons and to seek legal counsel.
- Right to Equality: The Charter guarantees equality before the law, meaning you cannot be discriminated against based on your race, national or ethnic origin, colour, religion, sex, age, or mental or physical disability.
Steps to Take If You Are a Non-Citizen Facing Criminal Charges
If you are a non-citizen in Canada and have been charged with a criminal offence, it’s important to take immediate steps to protect your rights and future:
- Seek Legal Counsel Immediately: Contact a criminal defence lawyer with experience in immigration law as soon as possible. They can advise you on the potential immigration consequences of your charges and help you navigate the legal system.
- Understand the Charges: Make sure you fully understand the charges against you and the potential consequences. Your lawyer can explain the charges and what they mean for your immigration status.
- Avoid Making Statements to Law Enforcement: Do not make any statements to the police or immigration authorities without first consulting your lawyer. Anything you say can be used against you in court or immigration proceedings.
- Gather Evidence: Work with your lawyer to gather evidence that supports your defence. This may include witness statements, documentation, or other relevant information.
- Attend All Court Dates: It’s crucial to attend all scheduled court dates and comply with any court orders. Failing to appear in court can result in additional charges and negatively impact your case.
- Consider the Long-Term Consequences: When making decisions about your case, consider the long-term immigration consequences, not just the immediate legal penalties. Your lawyer can help you weigh the risks and benefits of different legal strategies.
The Role of Immigration Appeals
If you are convicted of a criminal offence and face deportation or inadmissibility, you may have the right to appeal the decision. The Immigration Appeal Division (IAD) of the Immigration and Refugee Board of Canada (IRB) handles such appeals. An appeal may be based on:
- Humanitarian and Compassionate Grounds: You may argue that your removal from Canada would cause undue hardship to you or your family. This could include the impact on your spouse, children, or other dependents.
- Error in Law or Fact: You may argue that there was a legal or factual error in the decision to deport you or declare you inadmissible.
- New Evidence: You may present new evidence that was not available at the time of the original decision.
It’s important to note that appealing a deportation or inadmissibility decision can be complex and time-sensitive. Having a lawyer to represent you during the appeals process is crucial for improving your chances of success.
How De Boyrie Law Can Help
At De Boyrie Law, we understand the unique challenges that non-citizens face when dealing with criminal charges in Canada. Our experienced criminal defence team is dedicated to protecting your rights and helping you navigate both the criminal justice and immigration systems. We work tirelessly to develop defence strategies that consider the full scope of your situation, including the potential immigration consequences.
Schedule a Free Consultation with De Boyrie Law
If you are a non-citizen facing criminal charges in Canada, it’s essential to seek legal advice as soon as possible. Contact De Boyrie Law today to schedule a free, confidential consultation. We’ll review your case, discuss your legal options, and work tirelessly to achieve the best possible outcome for you. Don’t leave your future to chance—reach out to us today to protect your rights and secure your future in Canada.
Alex De Boyrie is an experienced Criminal Defence Lawyer covering Toronto, and the Greater Toronto Area.
In short, Alex’s experience ranges from working on bail hearings, sexual offences, weapons and firearms, assault charges, drug offences, youth crimes, Impaired Driving, and other criminal offences.
