Canadian Permanents may face removal order for impaired driving offence

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Amendments to the Canadian criminal code take effect December 18 that will carry more severe immigration-related consequences for permanent residents and foreign nationals convicted of an impaired driving offence.   

As of December 18, impaired driving will be considered a serious criminal offence, entailing an increased maximum sentence from five to 10 years.
This has several implications under Canada’s Immigration and Refugee Protection Act (IRPA), which states that a permanent resident or foreign national is deemed inadmissible to Canada inadmissible to Canada   if he or she is convicted of an offence that is considered “Serious Criminality "
Chief among these implications are: Permanent residents could lose their status and face deportation;
•    Inadmissibility will never be resolved by the passage of time;
•    Offences could carry the stigma of serious criminality.
Permanent residence in jeopardy?
A major impact of the amendments is the effect they could have on the immigration status of Canadian permanent residents.
The elevation of impaired driving offences to serious criminality means permanent residents could be in jeopardy of losing their permanent resident status and could potentially face deportation if they are convicted of an impaired driving offence committed on or after December 18, 2018, in Canada or overseas.
This includes cases where “it’s a first-time offence, no one is hurt and the sentence imposed is the minimum fine,” IRCC said.
IRCC also said there are factors already in place that could prevent a finding of inadmissibility and a removal order for permanent residents, namely the limited discretion afforded Canada Borders Service Agency and IRCC officers and, in certain cases, access to the Immigration Appeal Division (IAD) of Canada’s Immigration and Refugee Board.

On the issue of officer discretion, IRCC said officers can decide “whether to pursue enforcement action, including whether to complete an inadmissibility report, and whether to refer that report to the [IAD] for an admissibility hearing.”
Factors that go into such decision include prior criminality, the sentence imposed and the circumstances of the particular incident.
“That said, cases involving serious criminality are treated with the utmost seriousness,” IRCC said.
As to access to the IAD, IRCC said permanent residents who are convicted of an offence in Canada and who received a prison sentence of less than six months can appeal a finding of inadmissibility and a removal order.
IRCC said the IAD is “able to consider humanitarian and compassionate grounds, including best interests of a child.”
Permanent residents found inadmissible for an offence committed outside Canada or who received a prison sentence of six months or more for a conviction in Canada cannot appeal a finding of inadmissibility and a removal order to the IAD, IRCC said in its statement.

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