Criminal Records – Non Citizens

When police arrest persons in Canada a report is made out and registered into the police computer system.

The criminal record is then forwarded to the Canadian Police Information Centre (CPIC).  The information collected by the RCMP is made available to all police services including:

• all government security forces
• all USA law enforcement
• all Border enforcement
• Interpol

The criminal record will have information about your identity, charges against you, convictions, fingerprints, DNA, etc. This information is entered when you have been found guilty of committing one or more criminal offences under the Criminal Code of Canada.

Canada has three types of status for immigration:

• Canadian citizen
• permanent resident, or
• foreign national

Permanent residents and foreign nationals can be deported from Canada due to criminal activities.  Canadian citizens can never be deported.

Where you have been arrested for a criminal act and are not a Canadian citizen the police will want to investigate your status in Canada. The police will want to obtain a copy of your “proof of status.

Where it is found that you are a:

• foreign national,
• permanent resident or
• landed immigrant

The police will contact the Canadian Border Services Agency who will investigate your status in Canada and make a report about your arrest.

Where it is found that you are in Canada illegally or a serious crime has been committed the Border Services Agency will come to the police station or where you have been held in custody.

If you are not a Canadian citizen, you could:

• lose your immigration status
• be deported from Canada
• be held in custody for an immigration hearing
• refused Canadian citizenship

It does not matter how long you have lived in Canada or what relationships, jobs or family you may have.

Where you are not a Canadian citizen and have committed a criminal act your residency and status in Canada are in jeopardy

A permanent residents are also called “landed Immigrants”.  A permanent resident is an immigrant or refugee who has been granted the right to live permanently in Canada.

Permanent residents are given a “Permanent Resident Card” or a “Record of Landing” as proof of their status in Canada.

Permanent residents can be held and deported for criminal acts while living in Canada, and are bound by the Immigration and Refugee Protection Act.

Refugees and protected persons are people who:

• were accepted by Canada for resettlement
• were found by the Immigration and Refugee Board to be a refugee or person in need of protection
• were successful on a Pre-Removal Risk Assessment

A refugee or protected person who has not been given permanent resident status is considered a foreign national. Protected persons can be deported due to criminal activity in Canada.

Normally protected persons cannot be deported to countries where they would be at risk of persecution, torture, or cruel and unusual treatment or punishment. But there are exceptions to this rule so a protected person might still be at risk of removal because of a criminal conviction.

As a non-citizen being charged with a criminal offence has dramatic implications and you should call our office for legal advice as soon as possible.

When you travel, as a foreign national living in Canada charged with a criminal act most countries will deny you access or require that you provide a Visa prior to allowing you entry.

Any border official can question you about your criminal record and deny access to their country, e.g.  If you have been convicted of impaired driving and are trying to drive into the USA the US Customs officers will deny you access to drive across the border.

When you apply for a job or clearances, an employer can require that you provide a criminal record check, where you have been arrested for a criminal act, most employers will not higher you because of the criminal activity and that you maybe deported in the future.

If you wish to work in a government agency you may find that employment is denied or you may be required to obtain a criminal record suspension (pardon) before considered for work.

When dealing with family law or child custody issues a judge can take into consideration the criminal record as evidence of the person’s character. A criminal record could be considered evidence of bad character which may have an impact on who or under what terms child custody or visitation rights maybe granted.

In regards to educational institutions such as medicine, security, child care and businesses involving money e.g. banking or accounting, having a criminal record may disqualify the student from attending or graduating.

Any person applying for Canadian citizenship will be denied citizenship if they have a criminal record and those persons who do not have permanent residency in Canada maybe deported where they commit criminal acts in Canada.

If you are currently doing volunteering, you maybe asked to resign or be released from the calling.

To protect your immigration status in Canada you should seek legal advice right way.

Where a removal order has been made against you we can assist in directing you to an immigration lawyer to appeal to the Immigration and Refugee Board. There are time limits so act accordingly.

Where you have just been arrested, call our office to arrange an appointment with one of our lawyers.

Where we’re successful in having the criminal charge dropped or reduced we can avoid many immigration issues.

Criminal records stay with you for life.  They do not automatically disappear, not after several years and not for minor offences.

Except in a few cases, you may apply for a record suspension (pardon) if you want the RCMP to keep your record separate from other criminal records so that the information is not accessible.

However, after a certain time period, the criminal record of a person under 18 years old when he or she committed an offence cannot be disclosed, unless that person committed a serious offence and was sentenced as an adult.

Having your criminal record suspended does not erase being found guilty of a criminal offence, or being “convicted”. This means you must answer “yes” if someone asks you “Have you ever been found guilty of a criminal offence or convicted?”, or any other similar question, and explain that you received a record suspension.

Amendments to the Canadian criminal code took effect December 18 2018. The amendments have severe immigration-related consequences for permanent residents and foreign nationals convicted of an impaired driving offence.

As of December 18 2018, impaired driving is now considered a serious criminal offence, which includes an increased maximum jail sentence from five to 10 years.

This has several implications under Canada’s Immigration and Refugee Protection Act (IRPA), which states that a permanent resident or foreign national is deemed inadmissible to Canada if he or she is convicted of an offence that is considered “serious criminality.”

Chief among these implications are if arrested for impaired driving:

• Permanent residents could lose their status and face deportation
• Inadmissibility will never be resolved by the passage of time
• Offences carry the stigma of serious criminality.

Permanent residence in jeopardy?

A major impact of the amendments is the effect they could have on the immigration status of Canadian permanent residents.

The elevation of impaired driving offences to serious criminality means permanent residents could be in jeopardy of losing their permanent resident status. Many may face deportation if they are convicted of an impaired driving offence committed on or after December 18, 2018, in Canada or even overseas.

Where you are not a Canadian citizen and have been charged with a criminal act you need to get legal advice about your case.

As a criminal defence lawyer I have worked both as a crown attorney with the police and as a defence lawyer.  I understand the additional concerns that occur when your status in Canada is in jeopardy.

Call me at 416-731-7113 to discuss your charges.

You’re not guilty unless a judge says you are, not the police or the crown attorney.

As a criminal defence lawyer I have years of experience helping people accused of criminal charges and I can help you.

Together with my network of legal professionals we have been able to help thousands of people looking to do everything possible to win and be properly represented in criminal court.

Knowing the court system, the crown attorney’s, police and judges and having them know you can have dramatic implications. Experience does count in criminal defence. We know how to fight for our clients and present compelling and aggressive defence arguments.

We stake our reputation on doing everything possible to win your case, ensuring the best possible defence with the reviews and winnings to prove it.

Call 416-731-7113 to discuss your criminal defence today.