Immigration Prosecutions

Offences under the Immigration and Refugee Protection Act can have very serious consequences.


Canadian Immigration Law

Immigration Prosecutions Lawyer in Toronto Ontario

On the world stage, Canada is lauded as a place of refuge and tolerance for immigrants. As the Liberal government increases the number of refugees being accepted into Canada, the number of permanent residents will rise to 305,000 from 280,000 last year.

In the last several decades, Canadian immigration law has evolved dramatically. The most significant of these shifts commenced with the Immigration Act of 1976. In 2002, the Immigration and Refugee Act altered the landscape again. Significant changes to Canadian immigration law are still occurring, and new bills are proposed almost annually.

There are a number of classifications for immigration to Canada, including:

  • The Family class, pertaining to persons closely related to legal Canadian residents
  • The Economic class includes skilled workers
  • The Humanitarian category relates to people accepted for immigration on compassionate grounds
  • The Refugee classification involves people who are escaping persecution in foreign countries

Types of Immigration

A person can immigrate to Canada under Temporary or Permanent status. Temporary status can be earned in a number of ways, but the most common methods are with a business visa, tourist visa, or work permit. A Permanent status can also be achieved for labour and business purposes, and also under the family class or for educational purposes. It should be noted that, as more newcomer families are approved, we will see fewer business visas than in previous years.

There are many offences that are prosecuted under the Immigration Act. These offences can have a significant impact on an Accused’s family and future prospects. If you are facing the stress of Immigration charges, please call our office today at (416) 924-5969 for a consultation.

Read more about extradition

Frequently Asked Questions

One may face immigration proceedings where he or she has been charged with an offence under the Immigration and Refugee Protection Act.

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If you are facing criminal charges and are not a Canadian citizen, it is in your best interest to speak with an immigration lawyer in order to appreciate the consequences that a criminal conviction can have on one’s immigration status.

Some questions you will want to ask an immigration lawyer may include:

  • What their speciality within the field of immigration law is, if any;
  • Whether the resolution offer proposed in my case makes me inadmissible under the Immigration and Refugee Protection Act;
  • Whether one can overcome inadmissibly under the IRPA;
  • How the deportation process works;
  • What happens at a deportation hearing; and
  • What the travel consequences are to a conviction in my case, if any;
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Canadian case law has held that a conditional discharge is not a conviction for the purposes of admissibility under the IRPA. If you plead guilty to a criminal offence and receive a conditional discharge, you may be able to remain in Canada.

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If you are convicted of an offence that carries a maximum punishment (even if you did receive the maximum) of 10 years imprisonment OR you were sentenced to 6 months imprisonment, there will be immigration consequences.

However, if you are inadmissible to Canada by reason of a criminal record, you may still be allowed to enter Canada if you:

  • Demonstrate to an immigration officer that you meet the legal terms to be deemed rehabilitated . One may be deemed rehabilitated depending on the offence, how long has passed since the sentence ended, and if subsequent crimes were committed;
  • Applied for rehabilitation and were approved;
  • Were granted a record suspension (formally known as a pardon ); or
  • Have a temporary resident permit and it has been less than 5 years since the end of your sentence OR you have valid reasons to be in Canada.
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Some individuals will be prohibited from entering Canada under the Immigration and Refugee Protection Act. A person may be inadmissible for the following reasons:

  • Security reason
  • Human or international rights violations
  • Committing or being convicted of a crime
  • Organized crime, including membership in an organization that takes part in organized criminal activity, people smuggling or money laundering
  • A medical condition that endangers public health and safety or causes excessive demand on health and social services
  • Financial reasons
  • Misrepresentation (i.e. providing false information or withholding information)
  • Failure to comply with any provision of the IRPA; or
  • having an inadmissible family member.

Specifically with records to criminal convictions, under section 36(1) of the IRPA, a permanent resident or foreign national is inadmissible to enter Canada where he or she was convicted of an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years, OR of an offence under an Act of Parliament for which a term of imprisonment of more than six months has been imposed.

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