I am a permanent resident. If I am convicted of impaired driving - will I be deported?
If you are a non-citizen charged with an impaired driving offence in Guelph, Perrin Valli is an experienced Guelph impaired driving lawyer. This is a complicated and technical area of law that can have severe immigration consequences. Perrin Valli is a Guelph criminal defence lawyer who will work hard to make sure you get the best defence.
As part of the changes to the law governing cannabis in Canada (Bill C-46 which came into force in December 2018), the federal government changed the impaired driving provisions of the Criminal Code. One of the changes made the maximum sentence available for an impaired driving charge go from 5 years in jail to 10 years in jail (see section 320.19(1) of the Criminal Code).
This change means that a conviction for an impaired driving offence triggers deportation proceedings under the Immigration and Refugee Protection Act. Section 36(1)(a) of that act states:
36 (1) A permanent resident or a foreign national is inadmissible on grounds of serious criminality for
(a) having been convicted in Canada of an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years, or of an offence under an Act of Parliament for which a term of imprisonment of more than six months has been imposed;
As a result, a conviction of an impaired driving offence under the Criminal Code, (even if it only results in a sentence of a fine and driving prohibition), renders a permanent resident (or foreign national) “inadmissible for serious criminality” and deportation proceedings are commenced. In some cases, the permanent resident may have a limited opportunity to appeal any deportation order. In other cases, there is no opportunity to appeal.
You should consult with an Immigration Lawyer to determine the rules governing eligiblity for an appeal of a deportation order and to discuss the chances of success of any such appeal.
Unfortunately, because an impaired driving conviction now constitutes “serious criminality” under Canadian immigration law, this means there can be (in the words of Canada Immigration Minister Hussen “disproportionate immigration consequences for non-Canadians” as a result of the Bill C-46 impaired driving amendments.
The Immigration Law section of the Canada Bar Association wrote a letter to the federal government in July 2018 notifying the government of this problem and advocating for changes to be made.
Sadly, as of the date of writing, the government have not made changes to the immigration rules or to the Criminal Code to prevent these disproportionate consequences for non-Citizens. This continues to create unimaginable stress for non-Canadians caught up in the criminal justice system often for the first time.
If you are facing impaired driving charges in Guelph, you should contact Perrin Valli to discuss your case.