One who has just immigrated to Canada needs to be informed that certain offences might lead to expulsion. Deportation is a common threat for both immigrants and non-immigrants. If you are convicted of any of the following offenses, one of the consequences is often deportation.
Given that Canada battles to keep its ranking as the sixth safest country in the world, this shouldn’t be shocking.
It is important for immigrants to understand that Canada will not compromise its sterling reputation in order to let them stay. Certain sacrifices must be made in order to win this battle.
The deportation procedure, which involves the humiliation of being charged in court, the actual deportation, and the potential that you won’t be coming back, is enough to keep you sober for the duration of your stay.
An immigrant who is aware that entering Canada requires a lengthy and challenging process should take care to maintain a positive relationship with this respected country once admitted.
It is imperative to make clear that Canada does not take satisfaction in expelling its immigrants. On the other hand, Canada wants you to remain. In Canada, everyone is given fair and equal treatment.
Whoever jeopardizes the security or happiness of Canadian citizens, however, will not get away with it.
Be cautious as you prepare to enter Canada’s priceless land, my dear immigrant. Police are keeping an eye on you.
Nations differ in what constitutes a deportable offense, yet they all agree that some crimes are punishable. Any immigrant who commits a specific offense bears the possibility of being expelled as a result.
The top 10 offences in Canada that can lead to deportation are hence the focus of this article.
What is deportation?
Deportation is the process through which an immigrant or nonimmigrant is legally expelled from a country for breaking its immigration laws. Regardless of the phrase, immigration authorities have a number of options to make someone leave the country.
Expulsions of illegal or criminal foreigners who have been apprehended and imprisoned, as well as rejection of migration court procedures, are just a few examples of how officials have stopped foreigners who are attempting to cross the country’s border and quickly returned them (maybe after a few requests).
What are Deportable Infractions?
Deportable offenses are actions taken by an immigrant or nonimmigrant that the nation’s immigration rules deem criminal.
Offenses that can be deported are referred to as “severe crime” in Canada.
Examples include crimes involving drugs, violence, theft, property crimes, and most recently, driving while intoxicated.
Which factors lead to deportation?
Canadian immigrants fall into two categories for deportation. both those with and without visas who enter Canada. Some people break the law to enter Canada. This suggests that they still have legal requirements to fulfill in order to enter the wonderful country lawfully.
These people might end up getting deported. Additionally, certain people are labeled as inadmissible. It is impossible to be admitted because of:
- A person with a criminal record is regarded as being criminally inadmissible, regardless of where the crime was committed. If a person has a criminal history, whether in Canada or another country, they are deemed to have entered the country illegally. A person may also be denied entry if they violate human rights in Canada or another nation.
- A person is medically ineligible if they have a history of a communicable disease. A person will also not be permitted entry into Canada if they suffer from a condition that generates violent outbursts and renders them a danger to those around them.
- A person is deemed financially ineligible if they cannot show that they have the means to sustain themselves and their family. The Canadian government welcomes immigrants, but only those who can help the economy of the nation. No government wants to be in charge of looking after immigrants who are totally dependent on it.
- A person is regarded as morally unacceptable if they misled or concealed information about themselves on purpose during the application procedure. You might be shocked to hear that lying about something as trivial as someone’s age is enough to reject them.
People who enter Canada legally are the second category of people who can be deported.
But if they don’t ask for an extension, they overstay their welcome. They might have been given a temporary visa to study or work. These individuals incur the possibility of expulsion.
If you fit into the second group, you must understand how to apply for a visa renewal or a stay extension.
What are Canada’s top ten offenses that can result in deportation?
#1 Driving while intoxicated and causing bodily harm – Criminal Code Section 253
Any major offence is punishable by expulsion in Canada. There have been arguments against deportation for drunk driving that causes bodily harm.
Deportation, particularly for a first-time offender, is debatable as a form of punishment.
Unfortunately, the legislation does not distinguish between less serious and more serious drunk driving charges. You might still be deported for driving while intoxicated even if it was your first offense, you didn’t cause an accident, and nobody was wounded. Even if you are a citizen or permanent resident of Canada, driving while intoxicated can lead to your expulsion from the country.
#2 Driving while intoxicated—Criminal Code Section 253
The most common criminal cause of death is intoxication. If you make a mistake while driving drunk, your legal status as a permanent resident of Canada may be in danger. In 2019, around 155 incidents involving drunk driving resulted in fatalities.
This is in support of Canada’s brave decision to deport any immigrant or permanent resident who is found guilty.
#3 Marijuana cultivation
Illegally possessing less than 30 grams of cannabis for personal use is a summary offense.
Foreign nationals who possess, produce, or sell illegal cannabis may not be allowed entry into Canada depending on the seriousness of the offense. See also the Cannabis Act of Canada.
#4 Marijuana possession in excess of 3 kilograms | same as No . 3
Marijuana trafficking is a crime that carries a deportation penalty.
#5 Theft of more than $5,000 (Criminal Code section 344)
Theft of property is illegal. Your reputation, family, freedom, job, immigration status, and family can all be impacted by a criminal record. This combination felony carries a sentence of over ten years in jail. It is therefore a crime that carries the risk of deportation.
#6 Robbery with or without a firearm: Criminal Code section 344(1)
Robbery is defined as the act of robbing a person, whether they are armed or not, while using or threatening to use force. In Canada, robbing a victim with or without a weapon can result in expulsion.
#7 Possession of a restricted weapon and ammunition – Criminal Code section 344(1a)
In Canada, unlawful possession of a firearm is a crime that carries a deportation penalty. However, if the perpetrator does not use the weapon in a crime, one would contend that it should not be regarded as an offense. If someone is carrying a weapon, it is reasonable to assume that they intend to use it.
#8 Assault causing bodily harm or with a weapon Section 267 of the Criminal Code
The use of force or threat against another person without that person’s consent and without a valid defense or excuse is referred to as an assault. Any immigrant in this perilous situation will suffer the consequences.
#9: Fleeing from a law enforcement official is a crime in Canada, according to Criminal Code section 249(1).
If you stop to think about it, only those who have anything to hide will flee from a police officer. Ignoring a police officer’s orders to halt is against provincial and territory legislation.
A law that made attempting to elude a police officer a criminal under the Criminal Code was enacted by the House of Parliament in 2000.
#10 Using or possessing a stolen or forged credit card – Criminal Code section 342(3)
A serious offense with a two-year prison term maximum is credit card theft or forgery.
In general, if a person is charged with and found guilty of a crime in Canada, they may be deported.
Deportable offenses in Canada are bad for citizenship and ought to be avoided.
If a removal order is issued, the Canada Border Services Agency will deport the criminal from Canada. However, if he takes prompt action, he can be given the chance to contest his removal.
The Deportation Process
A letter from the CBSA notifies the offender that they have been invited to a “interview” at their neighborhood Canada Immigration Enforcement office (in Toronto, the Greater Toronto Enforcement Centre, or GTEC). He might draft this letter following his application to remain in Canada.
At this interview, the deportee is advised in writing that a removal date from Canada has been determined; this date is normally 30 days later.
The person now has the choice of fighting the Canadian deportation order or giving up without a “battle.”
Speed is another important benefit, therefore it would be advisable to draft your appeal within 30 days of receiving a removal order.
Since it is imperative that you contact a criminal and immigration attorney as soon as possible, do so in your best interest. Having knowledgeable legal counsel in this situation could save your life.
To sum up, being deported is a terrible, life-changing, and expensive experience. more so if the deportee has spent a considerable amount of time living in Canada.
A person who is deported is unlikely to ever be able to reconnect with their Canadian family. These family members could be grandparents, parents, or kids.
These family members will then go through the anguish of missing the deported person, who can be the family’s main source of income. Again, these wide-ranging impacts are unsettling and are best avoided.
The chances of the deported person surviving are not assured if they go back to a place with few or no contacts.
Immigrants to Canada must be aware that certain crimes can result in deportation. It is essential to be aware that Canada is unwilling to give up its impeccable reputation in order to permit your continued stay. Despite the fact that deportable offenses vary from nation to nation, they all agree that some crimes are punishable. As a result, any immigrant who commits certain crimes runs the risk of being deported. It is important to remember that the Canadian government does not take pride in the deportation of its immigrants. As a result, it is essential for immigrants to be aware of the risks associated with certain crimes and to ensure that they abide by the law to ensure their continued stay in Canada.