In Canada, an impaired driving conviction is classified as “serious criminality” under the Immigration and Refugee Protection Act (IRPA). If you are convicted in Markham, your Permanent Resident (PR) application will likely be denied, and current PR holders or temporary residents could face immediate deportation by the CBSA.
Markham is one of Canada’s most diverse and rapidly growing cities, welcoming thousands of newcomers, international students, and permanent residents every year. However, if you are not a Canadian citizen, a single mistake on the road can completely derail your immigration journey. Many newcomers are shocked to discover that an impaired driving charge in York Region is not just a traffic ticket-it is a severe federal offence with catastrophic immigration consequences.
In 2018, the Canadian government passed Bill C-46, which increased the maximum penalty for an impaired driving conviction to 10 years in prison. By crossing this threshold, the offence became classified as “serious criminality.” Under Canadian immigration law, serious criminality renders a foreign national or Permanent Resident inadmissible to Canada. This means that a conviction at the Ontario Court of Justice can lead to a deportation order, regardless of how long you have lived in Markham or whether your family resides here.
If you are facing an impaired driving or “Over 80” charge, pleading guilty to “get it over with” is the worst decision you can make for your immigration status. You must actively defend the criminal charge to protect your PR application.
Step-by-Step Process to Protect Your Immigration Status
Navigating the intersection of criminal law and immigration law requires a highly strategic approach. If you are arrested by the York Regional Police, your criminal case will be handled at the Newmarket Courthouse, while your immigration file remains with Immigration, Refugees and Citizenship Canada (IRCC).
Step 1: Exercise the Right to Silence and Hire a Lawyer
Your defence starts at the roadside. While you must provide a breath sample if lawfully demanded, you have the right to remain silent regarding questions about your immigration status or drinking history. Immediately seek out a criminal defence law firm that understands IRCC regulations. Do not speak to the Canada Border Services Agency (CBSA) without your lawyer present.
Step 2: Delay the IRCC Application Safely
If you have an active PR application in the Express Entry pool or through a Provincial Nominee Program, a pending criminal charge will pause your application. IRCC will not approve a PR application while an indictable offence or summary conviction charge is actively before the courts. Your lawyer will help you correctly update IRCC about the pending charge without admitting guilt.
Step 3: Negotiate a Non-Criminal Resolution
The ultimate goal is to avoid a criminal conviction entirely. Your criminal defence lawyer will negotiate with the Crown Attorney in Newmarket to have the impaired driving charge reduced to a provincial traffic offence, such as Careless Driving under the Highway Traffic Act. Because Careless Driving is a provincial offence and not a crime under the Criminal Code of Canada, it does not trigger serious criminality and will generally save your PR status.
Step 4: Address Admissibility Hearings (If Convicted)
If you are unfortunately convicted, the CBSA may issue a Section 44 report, leading to an admissibility hearing before the Immigration and Refugee Board (IRB). At this stage, you will need a specialized immigration lawyer to argue for humanitarian and compassionate grounds to pause deportation, though this is incredibly difficult for serious criminality cases.
How Much Does it Cost in Markham?
Defending an impaired driving charge as an immigrant requires investing in top-tier legal representation, as the cost of deportation is immeasurable.
| Criminal Defence Lawyer | A private lawyer in York Region to fight the impaired driving charge typically costs between $5,000 and $15,000 CAD, depending on if it goes to trial. |
| Immigration Lawyer Consultations | Expect to pay $300 to $600 CAD per hour to coordinate your criminal defence strategy with an immigration expert. |
| IRCC Processing Fees | If your PR is denied, the application fees (approx. $1,525 CAD for a single applicant) are completely non-refundable. |
How Long Does the Process Take?
The criminal justice system in Ontario moves slowly. From your arrest in Markham to your final trial date at the Ontario Court of Justice, the process typically takes 12 to 18 months. During this entire period, your PR application processing will remain suspended by IRCC. If you are acquitted or the charges are reduced, you must then obtain certified court documents proving the dismissal and submit them to IRCC, which can take an additional 2 to 4 months to resume your PR processing.
Frequently Asked Questions (FAQ)
Will my current work permit or study permit be cancelled?
An arrest alone does not automatically cancel a valid work or study permit. You can generally continue working or studying in Markham while awaiting trial. However, if you apply to renew your permit with pending charges, IRCC may delay or refuse the extension.
What if the Crown offers a Peace Bond?
A Peace Bond (Section 810 of the Criminal Code) is an excellent outcome. It requires you to keep the peace and be of good behaviour for a year, after which the criminal charges are withdrawn. Because it is not a conviction, it generally does not impact your PR application.
Can I apply for Criminal Rehabilitation?
If you are convicted of serious criminality, you are generally not eligible to apply for Criminal Rehabilitation until at least 5 years have passed since you completed your entire sentence (including paying fines and finishing the driving prohibition).
Does a Careless Driving ticket affect my immigration?
No. Careless Driving is a provincial offence under the Highway Traffic Act, not a federal crime. While it will raise your auto insurance rates and stay on your driving record, it does not trigger IRCC’s serious criminality threshold.
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