Permanent residents incarcerated in a Canadian federal prison generally face severe deportation consequences. The Canada Border Services Agency (CBSA) coordinates directly with Correctional Service Canada (CSC) to execute the removal order, meaning the individual may be transferred directly from prison to an immigration holding centre or a flight upon receiving parole.
Holding Permanent Resident (PR) status in Canada grants you the legal right to live and work anywhere in the country, but this privilege can be revoked if you commit a serious crime. 🚨 When a permanent resident is convicted of a severe offence-such as aggravated assault, drug trafficking, or armed robbery-and receives a sentence of two years or more, they are sent to a federal penitentiary managed by Correctional Service Canada (CSC). Entering the federal prison system almost universally triggers aggressive deportation proceedings.
Under Section 36(1) of the Immigration and Refugee Protection Act (IRPA), any permanent resident convicted of an offence in Canada punishable by a maximum term of 10 years, or who actually receives a sentence of more than six months, is deemed inadmissible for “serious criminality.” ⚖ If you serve time in federal institutions in locations like Kingston, Abbotsford, or Edmonton, CBSA will actively monitor your sentence. You will not simply be released back into the Canadian public when you earn parole; instead, CBSA will intercept your release to enforce your removal order.
Step-by-Step Deportation Process from a Canadian Federal Prison (Kingston, Abbotsford, Edmonton)
The deportation of an incarcerated permanent resident is a highly coordinated federal operation. ⚠ The process generally unfolds through these strict legal and administrative steps while the individual is still behind bars.
Step 1: The Criminal Conviction and Section 44 Report
The process formally begins when the criminal court issues a federal sentence (two years or more). 📄 CBSA is immediately notified of the conviction. An inland enforcement officer will draft a Section 44 Report outlining the “serious criminality” inadmissibility. This report is typically served to the permanent resident directly inside the federal penitentiary.
Step 2: The Admissibility Hearing
Unlike with foreign nationals, a Minister’s Delegate does not have the legal jurisdiction to directly issue a deportation order against a permanent resident on the grounds of serious criminality. 🏛️ Instead, the delegate is legally required to refer the Section 44(1) report to the Immigration Division of the Immigration and Refugee Board (IRB) for a formal admissibility hearing. Only the Immigration Division has the authority to issue a deportation order against a permanent resident under Section 36(1) of the IRPA after this hearing. However, because the permanent resident actually received a criminal sentence of six months or more, federal law strips them of their right to appeal this deportation order to the Immigration Appeal Division (IAD). The removal order quickly becomes enforceable.
Step 3: The Parole Board of Canada Hearing
As the inmate approaches their Day Parole or Full Parole eligibility dates, they will have a hearing before the Parole Board of Canada. 👮 The Board will review their rehabilitation progress. It is important to note that the Parole Board frequently grants parole “for removal purposes only,” meaning they authorize the inmate’s release specifically so CBSA can take custody of them and execute the deportation.
Step 4: Interception by CBSA and Immigration Detention
On the exact day the inmate is granted parole or statutory release, they do not walk out the front doors of the prison to freedom. 🚫 Instead, CBSA inland enforcement officers arrest the individual at the prison gates under the IRPA. The individual is immediately transferred to an Immigration Holding Centre (IHC) or a provincial jail acting on behalf of CBSA while travel documents are finalized.
Step 5: Pre-Removal Risk Assessment and Execution
Before being placed on a flight, the individual may be entitled to a Pre-Removal Risk Assessment (PRRA) if they fear persecution or torture in their home country. 📝 If the PRRA is denied, and no Federal Court stay of removal is granted, CBSA officers will escort the individual to the airport and enforce the deportation order, permanently barring them from Canada.
How Much Does Deportation Defence Cost for Incarcerated PRs?
Fighting deportation from inside a federal prison is incredibly difficult and requires highly specialized legal representation. 💵 Because the individual cannot easily gather evidence or attend outside meetings, lawyers must manage the entire crisis.
| Expense Type | Estimated Cost (CAD) | Description |
|---|---|---|
| Federal Court Judicial Review | $7,500 – $15,000+ | Legal fees to ask a federal judge to “stay” (pause) the removal order at the last minute. |
| PRRA Application Drafting | $4,000 – $8,000 | Professional fees to build a robust risk assessment case preventing removal to a dangerous country. |
| Danger Opinion Responses | $3,000 – $7,000 | Legal fees to argue against a “Danger to the Public” assessment issued by the Minister. |
| Institutional Visits | $500 – $1,500 | Additional fees lawyers charge to physically visit the client inside a federal penitentiary. |
How Long Does the Removal Process Take?
The timeline is completely tied to the criminal sentence. ⌚ CBSA will generally finalize the deportation paperwork while the inmate is serving the first few years of their sentence. Once parole is granted, CBSA acts rapidly; the transfer to immigration detention is instantaneous, and the actual removal flight usually occurs within a few weeks to a few months, depending entirely on how fast the individual’s home country issues a travel passport.
Frequently Asked Questions (FAQ)
Can I appeal my deportation if my sentence was exactly 6 months?
No. Under the IRPA, if you receive a sentence of six months or more (meaning exactly 6 months qualifies), you lose your equitable right to appeal the removal order to the Immigration Appeal Division (IAD). Your only remaining legal remedy is typically Judicial Review at the Federal Court.
What if my home country refuses to issue me a passport?
If your country of citizenship is uncooperative and refuses to issue travel documents, CBSA cannot legally deport you. In such rare cases, you may be held in immigration detention until the documents are secured, or eventually released into Canada on strict bail conditions until removal becomes possible.
Does CBSA deport people who are granted full parole?
Yes. Earning full parole from the Parole Board of Canada simply means you are deemed safe to serve the remainder of your sentence in the community. However, CBSA’s immigration mandate supersedes this; they will immediately execute the removal order rather than letting you integrate into the Canadian community.
Can I apply for refugee status while in a federal prison?
Generally, if you are convicted of a serious crime carrying a maximum sentence of 10 years or more, you are legally excluded from making a standard refugee claim. You will be limited to a Pre-Removal Risk Assessment (PRRA), which evaluates the risk to your life without formally granting you refugee protection.
Will CBSA pay for my flight back to my home country?
Yes, CBSA will arrange and pay for the commercial or chartered flight to execute the deportation. However, this creates a massive debt to the Crown. If you ever wish to return to Canada in the future, you must first repay these removal expenses in full before applying for an Authorization to Return to Canada (ARC).
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