Immigration and Criminality: American Citizens Facing Criminal Charges in Canada

What are the consequences of a criminal conviction for American citizens studying in Canada, or applying for a permanent residency or a Canadian citizenship? What would be the impact of a criminal record on their study visa, residence permit or their citizenship application?
This issue, which relates both to criminal and immigration law, is partly resolved in Section 36 of the Immigration and Refugee Protection Act (2001, c. 27) . A conviction can sometimes entail an order for removal of the delinquent foreigner: this mainly depends on the nature of the offense, the sentence imposed and the specific status of the foreigner (resident, recognized refugee, foreigner having a residence permit, etc.). A conviction may also slow down the application of the foreigner. Students or visitors are facing serious consequences: a conviction for most type of offenses will result in deportation.
In some situations, especially if the client is found guilty, it may be timely for the criminal defense lawyer to apply for the granting of a conditional or absolute discharge from the judge, in order to avoid a removal order or slowing down procedures.
Any foreign person charged with committing a criminal offense is highly encouraged to consult a local criminal defense lawyer and to share their specific situation with him. This person should also inform their immigration lawyer of the situation.
ABOUT THE AUTHOR: Xavier Cormier, Montreal Criminal Lawyer
Xavier Cormier exclusively practices Criminal Law. He has previously acted as a Crown Prosecutor and gained experience in front of the Court of Quebec, the Superior Court and the Court of Appeal as well as Municipal Courts. He served as an Associate Judicial Affairs Officer for the United Nations and worked with two International Criminal Courts: The International Criminal Tribunal for Rwanda and the Special Court for Sierra Leone.