Avoid Jeopardizing Your Future in Canada
If you’re a foreign national, permanent resident, or refugee claimant in Canada, facing criminal charges can have devastating consequences. This article focuses on what to do before, during, and after criminal proceedings to protect your ability to remain in Canada.
Table of Contents
Know Your Vulnerability in Being Potentially Considered Inadmissible:
For permanent residents in Canada who do not yet have citizenship, even one criminal conviction can result in deportation. Temporary residents, including students, workers, and refugee claimants, may jeopardize their status just for being charged, even without a conviction. Understanding this legal landscape is essential for protecting your future in Canada.
Contact a Lawyer Before Speaking to Police or Authorities:
Many serious immigration consequences arise from providing a statement to police without seeking legal advice, pleading guilty to an offence without understanding the immigration implications, or declining to hire a lawyer to handle your case. Even a minor charge can jeopardize your immigration status. The importance of consulting with a lawyer before making any further statements or decisions is critical, as legal representation can make a significant difference in the outcome of your case.
Hybrid and Indictable Offences:
Under Canadian law, many criminal offences are classified as hybrid offences, which means the Crown can choose to prosecute them either by the summary conviction procedure or by way of the more serious indictable procedure. Examples of hybrid offences include assaults, thefts, and mischief (property damage). For immigration purposes, hybrid offences are considered the same as being indictable, regardless of how the Crown elects to classify the offence. This could then make you inadmissible, leading to severe consequences for your status in Canada.
Minimizing Immigration Risk Before a Verdict:
An effective legal defence must consider both criminal and immigration consequences. Early assessment of your case from an immigration perspective is crucial to ensure a defence strategy that minimizes immigration consequences. Key strategies include:
- Negotiating non-conviction outcomes, such as discharges or peace bonds.
- Challenging charges where potential Charter Rights were violated by police.
Collaborating with a lawyer who understands both the criminal and immigration law is essential for safeguarding your long-term prospects in Canada.
Your Options After a Conviction:
A conviction that leads to immigration consequences may still leave you with some legal options to remain in Canada. This can include submitting a humanitarian and compassionate (H&C) application that highlights your family ties, integration, and potential hardships upon removal, or requesting a deferral of removal if returning to your home country poses a genuine threat to you. Acting swiftly and consulting with experienced legal counsel can help you navigate these critical steps effectively.
Your Lawyer’s Role in Defending Your Freedom and Your Future in Canada:
The role of your lawyer is to work to protect your immigration status. This may include presenting relevant circumstances during sentencing, explaining immigration risks to the Crown, and coordinating with immigration counsel for a long-term strategy. Having a lawyer with expertise in criminal and immigration law ensures your case is handled with a comprehensive understanding of the risks involved.
Shim Law - Defending Your Future in Canada:
At Shim Law, we integrate criminal and immigration legal strategies to provide you with comprehensive representation. Early consultation before charges are laid, robust court defence and sentencing advocacy, immigration support when a removal is threatened, and bringing immigration applications or appeals. With our expertise, you can navigate the complexities of criminal and immigration law with confidence, ensuring that your future in Canada remains secure.
Our multilingual team in Calgary serves a diverse client base with a strong commitment to immigration-sensitive criminal defence. If you’re a permanent or temporary resident in Canada and have been charged with a criminal offence, do not delay, call Shim Law at (587) 391-9580 or book an online consultation today to protect your future in Canada.
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