Yes. In Canada, a permanent resident or temporary visitor can be deported for “serious criminality” if convicted of an indictable offence carrying a maximum sentence of 10 years, or if they actually receive a sentence of more than 6 months. Deportation defence usually costs between $5,000 and $10,000 CAD.
When asking can you be deported for a federal criminal conviction in Canada, it is vital to understand where criminal law and immigration law intersect. For Canadian citizens, a criminal conviction results only in standard penalties like fines or prison time. However, for Permanent Residents (PRs), international students, and temporary workers, a conviction can trigger an entirely separate and devastating consequence: a deportation order from the Canada Border Services Agency (CBSA). This is governed by the Immigration and Refugee Protection Act (IRPA).
Under Canadian law, “serious criminality” is the legal threshold that puts a permanent resident at risk of losing their status. ⚠️ It does not matter if you have lived in Toronto, Ontario, or Vancouver, British Columbia, for twenty years; if you meet this threshold, the CBSA will take action. The most critical factor is often the sentence handed down by the judge. This is why non-citizens must hire a criminal defence lawyer who explicitly understands immigration consequences, as pleading guilty to the wrong charge can lead to automatic deportation.
Step-by-Step Deportation Process for Criminality
The transition from a criminal courtroom to an immigration removal proceeding is administrative and moves very quickly. Here is how a conviction in a Canadian court transforms into a deportation order.
Step 1: The Criminal Conviction and Sentencing
The process begins in a provincial court or the Superior Court of Justice. 📤 If you are convicted of an offence, the judge will issue a sentence. If the offence is an indictable offence with a maximum penalty of 10 years or more (such as assault with a weapon or serious fraud), or if the judge sentences you to more than 6 months in prison, you have legally committed “serious criminality” under IRPA.
Step 2: CBSA Issues a Section 44 Report
Once your conviction is registered, the CBSA receives an automated alert. An inland enforcement officer will draft a Section 44 Report alleging that you are inadmissible to Canada due to serious criminality. If you are serving time in a federal penitentiary or a provincial jail, CBSA officers may interview you right in your cell.
Step 3: The Admissibility Hearing at the IRB
The CBSA refers the report to the Immigration Division of the Immigration and Refugee Board (IRB). 📄 An Admissibility Hearing is held. Unlike a criminal trial where you are presumed innocent, the IRB only looks at the facts of your conviction. If the adjudicator confirms the conviction and sentence match the definition of serious criminality, they are legally forced to issue a Deportation Order.
Step 4: Appealing to the Immigration Appeal Division (IAD)
If you are a Permanent Resident, you may have the right to appeal the Deportation Order to the IAD based on Humanitarian and Compassionate (H&C) grounds. However, as of recent changes to Canadian law, if your actual jail sentence was 6 months or more, you completely lose your right to appeal to the IAD. You must rely strictly on complex Federal Court judicial reviews.
How Much Does Deportation Defence Cost in Canada?
Defending against deportation for a criminal conviction requires highly specialized lawyers who practice both criminal and immigration law. 💵 The costs can accumulate quickly as you are fighting on two fronts.
| Legal Stage | Estimated Legal Fees (CAD) | Key Objective |
|---|---|---|
| Criminal Defence (Pre-Trial) | $3,000 – $8,000 | Plead to a lesser charge or secure a sentence under 6 months. |
| Admissibility Hearing (IRB) | $2,000 – $4,000 | Challenge the CBSA’s interpretation of the criminal statute. |
| IAD Appeal (If Eligible) | $5,000 – $10,000+ | Argue H&C grounds to pause or cancel the deportation. |
| Federal Court Judicial Review | $5,000 – $12,000 | Emergency litigation if IAD appeal rights are stripped. |
How Long Does the Process Take?
The timeline from criminal conviction to actual physical removal from Canada can span months or even years, depending on your legal appeals.
- Section 44 Report Issuance: Often occurs within 1 to 3 months of the final criminal sentencing.
- Admissibility Hearing: Typically scheduled within 3 to 6 months of the report being issued.
- Filing an Appeal: You must file your Notice of Appeal to the IAD within exactly 30 days of receiving the Deportation Order.
- Appeal Processing: IAD hearings can take 12 to 24 months to be scheduled, during which your deportation is usually stayed (paused).
Frequently Asked Questions (FAQ)
What counts as a “term of imprisonment” over 6 months?
In Canadian immigration law, a “term of imprisonment” includes both actual jail time and conditional sentences (house arrest). If a judge gives you 9 months of house arrest, it counts as a sentence over 6 months, and you can lose your appeal rights.
Can a temporary worker or student appeal a deportation for criminality?
Generally, no. Unlike Permanent Residents, temporary visa holders do not have the right to appeal a Deportation Order for criminality to the IAD. They can only seek a Judicial Review at the Federal Court.
Does a Canadian pardon stop the deportation?
If you successfully obtain a federal Record Suspension (pardon) from the Parole Board of Canada, the conviction can no longer be used to deport you. However, getting a pardon takes 5 to 10 years, and deportation usually happens much faster.
Will pleading down to a summary conviction save me?
It often helps. Many summary convictions do not carry the 10-year maximum penalty that triggers “serious criminality.” A skilled lawyer will often negotiate with the Crown to accept a summary plea specifically to avoid deportation.
Can my Canadian spouse sponsor me back if I am deported?
If you are deported for serious criminality, you have a lifetime ban from Canada. Your spouse can attempt to sponsor you, but you must first obtain an Authorization to Return to Canada (ARC) and a declaration of criminal rehabilitation, which is extremely difficult.
Leave a Reply