A newcomer to Canada needs to be aware that some crimes can result in deportation. Both immigrants and nonimmigrants face deportation frequently. Deportation is typically one of the penalties if you are found guilty of any of the following offenses:
This should not come as a surprise given that Canada fights to maintain its position as the sixth safest nation in the world.
As an immigrant, it is essential to be aware that Canada is unwilling to give up its impeccable reputation in order to permit your continued stay. This struggle does not come without certain sacrifices.
It is enough to keep you sober throughout your stay to endure the deportation process, which includes the humiliation of being arraigned in court, the eventual deportation, and the possibility that you will not return.
If an immigrant is aware that the process of getting into Canada takes a long time and is difficult, he or she should be careful not to strain his relationship with this reputable nation when he or she is accepted.
It is absolutely necessary to state that Canada does not take pride in the deportation of its immigrants. Canada, on the other hand, wants you to stay. Everyone is treated fairly and equally in Canada.
However, the Canadian government does not spare anyone who jeopardizes the safety or happiness of its citizens.
So, dear immigrant, be careful as you get ready to enter Canada’s precious territory. You’re being watched by the law.
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.
As a result, the top ten crimes that can result in deportation in Canada are the subject of this article.
What is deportation
The legal removal of an immigrant or nonimmigrant from a nation for violating its immigration laws is known as deportation.
Regardless of the term, immigration authorities can force someone to leave the country in a variety of ways.
Officials blocking foreigners endeavoring to break the nation’s line and returning them rapidly, expulsions of undocumented or criminal outsiders who have been gotten and confined, and disavowals of migration court procedures are only a couple of models (maybe after a few requests).
What are Deportable Infractions?
Acts committed by an immigrant or nonimmigrant that are deemed criminal by the country’s immigration laws are known as deportable offenses.
Deportable offenses are considered “serious criminality” in Canada.
Drug offenses, violent offenses, theft or property crimes, and most recently impaired driving are all examples.
Which factors lead to deportation?
Immigrants from Canada can be deported into two different categories. Those who enter Canada without a permit and those who do.
Some individuals enter Canada illegally. This indicates that they still need to complete the legal procedures that would allow them to enter the great nation legally.
These individuals run the risk of being deported. In addition, some individuals are referred to as inadmissible. Inadmissibility can be attributed to:
- Even if the crime was committed outside of Canada, a person with a criminal record is considered criminally inadmissible. A person is considered an illegal entrant: If he or she has a criminal record, whether in Canada or another country. If a person violates human rights in Canada or another country, he or she may also be refused admission.
- If a person has a history of a communicable disease, he or she is medically inadmissible. In addition, a person will not be admitted to Canada if he or she has a disease that causes violent outbursts and makes him or her a potential threat to those around him.
- If a person is unable to demonstrate that he or she is able to support himself or his family financially, that person is considered financially inadmissible. The government of Canada welcomes immigrants, but only those who can contribute to the country’s economic growth. No government wants to be responsible for taking care of immigrants who rely on it for everything.
- If a person deliberately withheld or lied about himself during the application process, he is considered morally inadmissible. You might be surprised to learn that lying about something as insignificant as an individual’s age is sufficient grounds for rejection.
People who enter Canada legally are the second category of people who can be deported.
However, they may have been granted a temporary visa to study or work, and without applying for an extension, they overstay their welcome. These people run the risk of being expelled.
If you fall into the second category, you need to know how to apply for an extension of your stay or renew your visa.
What are Canada’s top ten offenses that can result in deportation?
#1 Driving while intoxicated and causing bodily harm – Criminal Code Section 253
In Canada, any serious crime can result in deportation. For impaired driving that results in bodily harm, there have been arguments against deportation.
It is up for debate whether deportation, particularly for a first-time offender, is an excessive punishment.
Sadly, there is no distinction made in the law between minor and serious impaired driving offenses. Even if you are a first-time offender, your driving did not cause an accident, and no one was hurt, you could still be deported for impaired driving. Impaired driving can result in your deportation from Canada, even if you are an immigrant or permanent resident.
#2 Driving while intoxicated—Criminal Code Section 253 In Canada, driving while intoxicated is the leading criminal cause of death. Your Canadian immigrant status could be jeopardized if you make a mistake while driving drunk. More than 155 impaired driving accidents resulted in fatalities in 2019.
Canada’s courageous decision to deport any immigrant or permanent resident found guilty is supported by this.
#3 Marijuana cultivation
It is a summary offense to illegally possess less than 30 grams of cannabis for personal use.
In terms of immigration, depending on the severity of the offense, foreign nationals may not be admitted to Canada for possession, production, or commerce of illegal cannabis. Additionally, see Canada’s Cannabis Act.
#4 Marijuana possession in excess of 3 kilograms
same as No . 3
Trafficking marijuana is a criminal act that can result in deportation.
#5 Theft in excess of $5,000 (Criminal Code section 344)
Property theft is a crime. A criminal record can have an impact on your career, immigration status, family, freedom, and reputation. This is a hybrid offense that carries a nearly ten-year prison sentence. As a result, it is a crime that can result in deportation.
#6 Robbery with or without a firearm: Criminal Code section 344(1)
Robbery is defined as the act of stealing from an armed or unarmed person while engaging in violence or threatening violence. Immigrants who rob a victim with or without a firearm are subject to deportation in Canada.
#7 Possession of a restricted weapon and ammunition – Criminal Code section 344(1a)
Unauthorized possession of a firearm is a criminal offense in Canada that can result in deportation. However, one could argue that the weapon should not be considered an offense if the offender did not use it in a crime; If someone carries a weapon, it stands to reason that they intend to use it.
#8 Assault causing bodily harn or with a weapon Section 267 of the Criminal Code
Assault is defined as the use of force or threat against another person without their consent and with no legal justification or excuse. Any immigrant in this precarious circumstance will be punished for it.
#9: Fleeing from a law enforcement official is a crime in Canada, according to Criminal Code section 249(1).
To think about it, A person only runs away from a police officer if they have something to hide. It is against provincial and territorial law to ignore a police officer’s instructions to stop.
In 2000, the House of Parliament approved a bill that made attempting to flee a police officer a crime under the Criminal Code.
#10 Using or possessing a stolen or forged credit card – Criminal Code section 342(3)
Theft or forgery of a credit card is a serious crime that carries a maximum sentence of two years in prison.
In general, a person can be deported for any crime in Canada for which they are charged and convicted.
In Canada, deportable offenses are detrimental to good citizenship and should be avoided.
The Canada Border Services Agency will remove an offender from Canada if they receive a removal order. However, if he acts promptly, he may be permitted to appeal his removal.
Process of Deportation
An offender is invited to an “interview” at a local Canada Immigration Enforcement office (in Toronto, the Greater Toronto Enforcement Centre or GTEC) by a letter from CBSA. He might write this letter after he applies to stay in Canada.
The deportee is informed in writing at this interview that a removal date from Canada has been set, typically 30 days later.
The individual now has the option of contesting the deportation order from Canada or giving in without a “fight.”
It would be in your best interest to get in touch with a criminal and immigration lawyer as soon as possible. In this circumstance, having competent legal representation could save your life.
Since you must prepare your appeal within 30 days of receiving a removal order, speed is another significant advantage.
In conclusion, being deported is an unpleasant and devastating emotional and financial experience. Even more so when the deportee has lived in Canada for a long time.
A person who is deported will probably never be able to see the family they left behind in Canada. These members of the family could be parents, children, or grandchildren.
In turn, these family members will experience the trauma of missing the deported individual, who may be the family’s financial backbone. Again, these far-reaching effects are frightening and far better left unseen.
The deported person’s chances of survival are not guaranteed when they return to a country or location with few or no connections.
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