People who immigrate to Canada are typically aware that if they are convicted of certain criminal offences that they could lose their permanent resident status. When immigrants are charged with criminal offences, immigration lawyers and criminal defense counsel will accordingly often work together to do their best to ensure that those charged do not lead to deportations. It is therefore important to note that the Canada Border Services Agency has recently taken an exceptionally strict approach to interpreting Canadian immigration legislation which could fundamentally change the immigration consequences of violent actions in Canada. The issue is now before the Federal Court of Canada.
The Consequences of Criminal Records
Canadian immigration legislation provides that a permanent resident is inadmissible to Canada on grounds of serious criminality if they have been convicted in Canada of an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least ten years, or of an offence under an Act of Parliament for which a term of imprisonment of more than six months has been imposed.
The first thing to note about the above is that a conviction is required. A conviction is a finding by a Canadian court that a person is guilty of an offence. A charge or a confession is not a conviction. A conviction that is set aside on appeal is also not a conviction for immigration purposes, nor is an absolute or conditional discharge, which is where a finding of guilt is made, but no conviction against the individual is registered.
The second thing to note about the above is that only convictions for certain offences will result in a permanent resident being inadmissible to Canada. The offence must either be one whose maximum penalty is a term of imprisonment of ten years or more,Read more ›
François Crépeau is a Professor at the McGill Faculty of Law and the Director of the Centre for Human Rights and Legal Pluralism. He was the United Nations Special Rapporteur on the Human Rights of Migrants from 2011 to 2017.
Peter Edelmann and François discuss migration issues generally, the Compact for Migration, and its implication for Canadian immigration and refugee law.
This episode was recorded before Peter Edelmann was appointed to the British Columbia Supreme Court.
4:15 – What does a UN special rapporteur on migration do?
8:00 – What impacts could climate change have on the future of global migration patterns?
10:37 – How does Canadian refugee law address the issue of climate refugees?
21:00 – What led up to the Compact on Global Migration and what preceded it? How has migration historically been monitored / governed on a global scale?
28:00 – What is the international definition of a refugee?
31:3– What percentage of migrants would qualify as refugees?
33:30 – What is the Global Compact on Migration?
Peter, Deanna and Steven discuss where Canada’s political parties stand on immigration.
1:45 – Where do the parties stand with regards to letting provinces decide who immigrates?
13:28 – Immigration levels
23:30 – What are the promises with regards to border security and the Safe Third Country Agreement?
36:00 – Temporary Foreign Workers
42:00 – Application feesFees
46:00 – Settlement services and values tests
48:00 – Where parties can work together on and general trends.Read more ›