Yes, you can be deported from Canada for an impaired driving conviction. Since the passing of Bill C-46, a DUI is now classified as “serious criminality” under Canadian immigration law. This means even permanent residents can face a deportation order and may lose their right to appeal to the Immigration Appeal Division (IAD). The basic consultation fee for a deportation defence lawyer usually starts around $300 CAD.
Understanding Impaired Driving and Deportation in Canada
Making a mistake like driving under the influence is incredibly stressful, but when you are not a Canadian citizen, the consequences can be devastating. 🚗 Many people are shocked to learn that a single impaired driving charge can lead to removal from Canada. Since December 2018, the Canadian government enacted Bill C-46, which raised the maximum penalty for an impaired driving offence to 10 years in prison. In the eyes of Immigration, Refugees and Citizenship Canada (IRCC), this elevated the crime to an indictable offence, triggering what is known as “serious criminality” under Section 36(1) of the Immigration and Refugee Protection Act (IRPA).
This law applies to everyone who is not a Canadian citizen, including permanent residents, international students, and temporary workers. Once an individual is convicted, the Canada Border Services Agency (CBSA) is notified, and a removal process is generally initiated. Navigating this situation requires immediate action and the help of an experienced Canadian law firm to protect your life in Canada.
Step-by-Step Process in Canada: From Conviction to Removal Risk
If you are charged with impaired driving anywhere in Canada, whether in Toronto, Calgary, or Vancouver, the immigration enforcement process generally follows a specific path. 📋 It is highly recommended not to face these steps without proper legal defence.
Step 1: The Criminal Arrest and Trial
The process begins when local police charge you with impaired driving under the Criminal Code of Canada. If you are found guilty in a provincial criminal court, your conviction becomes part of a national database. It is crucial to have a criminal defence lawyer fight the charge before it becomes a conviction, as avoiding a guilty verdict is the best way to prevent immigration issues.
Step 2: The Section 44 Report by CBSA
Once convicted, the CBSA will flag your file and an inland enforcement officer will draft a Section 44 Report. 📄 This document outlines the reasons why you are now criminally inadmissible to Canada. The officer will invite you to an interview to discuss your situation, which is a critical moment where humanitarian factors might be considered before the report is forwarded.
Step 3: The Admissibility Hearing at the IRB
If the CBSA officer refers your file, you will be sent to an Admissibility Hearing at the Immigration and Refugee Board (IRB). A Member of the Immigration Division will review the facts of your conviction. If they confirm that you were convicted of an offence carrying a maximum penalty of 10 years, they are legally required to issue a Deportation Order against you.
Step 4: The Loss of IAD Appeal Rights
One of the harshest realities of serious criminality is how it impacts your right to appeal. ⚠ If you are a permanent resident and you receive a prison sentence of 6 months or more for your impaired driving offence, you completely lose your right to appeal the deportation to the Immigration Appeal Division (IAD). Without the IAD, you cannot argue that you should stay based on your family ties or time spent in Canada.
Step 5: Applying for Relief (Federal Court or TRP)
If an appeal is not possible, your remaining options are highly complex. A lawyer may seek a Judicial Review at the Federal Court of Canada if there was a legal error at your hearing. Alternatively, temporary residents might apply for a Temporary Resident Permit (TRP) to temporarily overcome inadmissibility, though these are rarely granted for serious criminality without exceptional reasons.
How Much Does Deportation Defence Cost in Canada?
Defending against deportation is a major financial commitment. Because the stakes are so high, hiring a skilled immigration lawyer is essential. You must account for both criminal defence fees and immigration legal fees.
| Legal Service | Average Cost (CAD) | Details |
|---|---|---|
| Criminal Defence (Impaired Driving) | $5,000 – $10,000+ | Fees for defending the criminal charge in provincial court. |
| Admissibility Hearing Representation | $3,500 – $7,000 | Having a lawyer represent you before the IRB. |
| Federal Court Judicial Review | $5,000 – $10,000+ | Complex legal arguments if challenging a removal order. |
| Temporary Resident Permit (TRP) | $229.50 (Gov Fee) | Government processing fee, plus legal preparation fees. |
How Long Does the Process Take?
The timeline for deportation proceedings can vary widely. ⌛ A criminal trial for impaired driving generally takes 8 to 18 months. If convicted, the CBSA may take several months to draft a Section 44 Report. Admissibility hearings are usually scheduled within 6 months of the report being referred. If a Deportation Order is issued and no appeals are available, removal from Canada can occur within a few short months.
Frequently Asked Questions (FAQ)
Can I be deported if I am a Permanent Resident?
Yes. Permanent residents do not have absolute protection from deportation. An impaired driving conviction is deemed serious criminality, which can lead to the revocation of your PR status and removal from Canada.
What happens if my charge is reduced to careless driving?
Careless driving is generally a provincial traffic offence, not a criminal offence under the Criminal Code of Canada. In most cases, a provincial traffic conviction will not cause you to be deported. This is why having a criminal defence lawyer negotiate your charges is crucial.
Do I have the right to appeal my deportation?
It depends on your sentence. If you are a permanent resident and you receive a sentence of fewer than 6 months, you may still appeal to the IAD on humanitarian grounds. If the sentence is 6 months or more, you lose this right.
Can a pardon stop my deportation?
A Canadian Record Suspension (formerly a pardon) can resolve criminal inadmissibility, but it generally takes 5 to 10 years after completing your sentence to be eligible to apply. Deportation proceedings will usually happen much faster than you can secure a pardon.
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