Foreign nationals, permanent residents, and even naturalized citizens can face deportation from Canada for various criminal offences and other serious violations. The crimes that can lead to removal from Canada include:
If you’ve been charged with a criminal offence or received a conviction, the immigration consequences could be devastating. Deportation doesn’t just affect you; it tears families apart, separates children from parents, and can result in you being banned from Canada permanently. The Immigration and Refugee Protection Act provides limited opportunities to challenge removal orders, and time is critical.
Our experienced immigration lawyer in Toronto can help protect your right to stay in Canada and fight deportation proceedings.
Under Canadian law, serious criminality represents the most common ground for deporting non-citizens from Canada. The Immigration and Refugee Protection Act (IRPA) establishes a clear two-part test that determines when someone can be found inadmissible and face a removal order based on their criminal history.
Canadian immigration law uses a specific framework to determine what constitutes serious criminality. Understanding these criteria is vital for anyone facing criminal charges who wants to remain in Canada.
| Common Crime | Maximum Penalty (Criminal Code) | Immigration Consequence (IRPA) |
|---|---|---|
| Murder | Life imprisonment | Permanent inadmissibility, deportation |
| Manslaughter | Life imprisonment (if firearm) / lower otherwise | Serious criminality → deportation |
| Sexual assault | Up to 10 years (simple), life (aggravated) | Serious criminality → deportation |
| Robbery | Life imprisonment | Serious criminality → deportation |
| Theft over $5,000 | Up to 10 years | Serious criminality if max ≥ 10 years |
| Fraud over $5,000 | Up to 14 years | Serious criminality → deportation |
| Drug trafficking | Life imprisonment | Serious criminality → deportation |
| Impaired driving causing death | Life imprisonment | Serious criminality → deportation |
⚠️ Even if a judge sentences you to less than six months, you can still be deported if the maximum penalty for your offence is 10 years or more.
Different categories of criminal offences can trigger deportation proceedings under the serious criminality provisions. Each category presents unique challenges and potential consequences for your immigration status.
💡 Hypothetical scenario: A permanent resident pleads guilty to impaired driving and receives a fine and a one-year driving prohibition. Despite not receiving jail time, they could still face deportation because impaired driving now carries a maximum penalty of 10 years under the Criminal Code.
While serious criminality represents the most frequent basis for deportation, Canada’s immigration laws provide several additional grounds that can result in removal from the country, even without a traditional criminal conviction.
Section 34 of IRPA makes individuals inadmissible on security grounds for activities that threaten Canada’s safety and democratic institutions. This provision covers a broad range of conduct that immigration officials consider dangerous to Canadian society.
Security inadmissibility includes engaging in espionage against Canada, attempting to subvert democratic government institutions, participating in terrorism, or being deemed a danger to Canada’s security. The definition also encompasses acts of violence that endanger lives in Canada, regardless of whether formal criminal charges have been laid.
Public Safety Canada works closely with the Canada Border Services Agency to identify individuals who may pose security risks. These cases often involve classified intelligence, making it challenging for affected individuals to understand the full scope of allegations against them or mount an effective defence.
International law violations represent some of the most serious grounds for inadmissibility under Canadian immigration legislation. Section 35 of IRPA addresses individuals who have committed acts that violate fundamental human rights and international legal principles.
This provision applies to those who have committed war crimes, crimes against humanity, or genocide as defined in the Crimes Against Humanity and War Crimes Act. It also covers senior officials who served governments engaged in systematic human rights violations, terrorism, or genocide.
The scope extends to individuals subject to international sanctions or those covered by Canada’s Special Economic Measures Act or the Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law). These provisions ensure Canada doesn’t become a safe haven for those who have violated international human rights standards.
Section 37 of IRPA targets individuals involved in organized criminal activity that transcends borders and threatens public safety. This ground for inadmissibility recognizes the serious threat posed by criminal organizations operating internationally.
⚖️ The law recognizes that someone might enter Canada with assistance from smugglers without being involved in organized crime themselves; this alone doesn’t make you inadmissible.
For further guidance on complex cases, speak with an immigration lawyer in Richmond Hill who can assess your situation and explain your options.
The Immigration and Refugee Protection Act (IRPA), enacted in 2001, serves as the primary legislation governing who can enter and remain in Canada. This comprehensive federal law establishes the framework for determining inadmissibility and authorizes the removal of individuals who don’t meet Canada’s admission standards.
Under the Canadian Constitution, immigration falls under federal jurisdiction, giving Parliament exclusive authority to regulate who can enter the country and under what circumstances non-citizens can be required to leave. IRPA works alongside the Immigration and Refugee Protection Regulations to create detailed procedures for enforcement.
The concept of “inadmissibility” forms the foundation of Canada’s deportation system. Unlike Canadian citizens, who cannot be deported except in rare cases involving citizenship revocation, all other categories of individuals can face removal if they’re found inadmissible on various grounds established by law.
⚠️Recent legislative changes: Bill C-46, which came into effect in December 2018, significantly expanded the scope of impaired driving offences and increased maximum penalties, making more individuals vulnerable to deportation for drinking and driving offences that previously wouldn’t have triggered removal proceedings.
Canada’s immigration laws establish different rules and protections depending on your legal status in the country. Understanding these distinctions is vital for assessing your risk and available options if facing deportation proceedings.
You might wonder, “Can a Canadian citizen be deported from Canada?” While rare, naturalized citizens can face deportation if their citizenship is revoked for misrepresentation or concealing a serious criminal history.
⚖️ A permanent resident convicted of assault might have appeal rights if sentenced to probation, while a foreign national visitor convicted of the same offence would face immediate removal with no right to appeal.
When you’re found guilty of a criminal offence as a non-citizen, a systematic process begins that can ultimately result in your removal from Canada. Understanding each step helps you recognize when legal intervention might be most effective.
💡 The entire process can take months or years, but certain steps have strict deadlines – you typically have only 30 days to respond to a Procedural Fairness Letter, and appeal periods are similarly limited.
A Procedural Fairness Letter (PFL) represents a critical stage in deportation proceedings where you maintain some control over the outcome. This document outlines CBSA’s concerns about your inadmissibility and provides an opportunity to address these concerns before a final decision is made.
The PFL process requires a comprehensive response addressing each point raised by immigration officials. You must provide evidence demonstrating why you should be allowed to remain in Canada, including documentation of rehabilitation, community ties, family circumstances, and any other factors that support your case.
Our legal team has extensive experience responding to Procedural Fairness Letters, with a proven track record of successfully challenging inadmissibility determinations. We understand what evidence immigration officers find compelling and how to present your case most effectively within the limited timeframe provided.
⚠️ Critical deadline: You typically have only 30 days to respond to a PFL, and failure to respond appropriately can result in an automatic removal order being issued against you.
If you are dealing with removal proceedings or status concerns, consult an immigration lawyer in Kitchener for advice tailored to your case.
Not everyone facing deportation has the same appeal rights under Canadian immigration law. Your ability to challenge a removal order depends primarily on your immigration status and the length of the prison sentence you received for triggering the deportation proceedings.
The Immigration Appeal Division provides the primary avenue for challenging deportation orders, but access to this process is strictly limited by law. Understanding these limitations is essential for determining your legal options.
| Status | Appeal Eligibility at IAD |
|---|---|
| Permanent Resident | Eligible to appeal removal order unless convicted of serious criminality (sentence of 6 months+ or offence punishable by 10 years+) |
| Foreign National | Generally not eligible to appeal; may only pursue judicial review at the Federal Court |
| Protected Person | Eligible to appeal removal order unless based on security, serious criminality, organized crime, or human rights violations |
| Refugee Claimant | Not eligible to appeal to IAD; may seek Federal Court judicial review |
When the Immigration Appeal Division reviews your case, it examines a comprehensive range of factors that go well beyond the simple fact of your criminal conviction. These humanitarian and compassionate considerations can tip the balance in your favour.
💡 Consider a permanent resident who committed assault during a difficult period but has since completed anger management counselling, maintained stable employment for five years, and has two Canadian-born children. The IAD might allow the appeal despite the conviction, emphasizing rehabilitation and family considerations.
When you don’t qualify for an Immigration Appeal Division hearing, or when that appeal is unsuccessful, the Federal Court of Canada provides the final avenue for challenging deportation orders. This process involves different legal standards and procedures from administrative appeals.
Judicial review focuses on whether immigration officials followed proper procedures and made reasonable decisions based on available evidence. The Federal Court doesn’t retry your case but examines whether the original decision-makers acted within their legal authority and considered relevant factors appropriately.
✔️ Our firm has achieved numerous victories at the Federal Court level, successfully challenging deportation orders on grounds including procedural fairness violations, unreasonable assessment of evidence, and failure to consider relevant humanitarian factors.
In Doresi v Minister of Public Safety and Emergency Preparedness (2022 FC 1300), we successfully appealed an RPD decision for a refugee claimant from Albania, arguing that he was wrongfully convicted in his absence, and the RPD was ordered to redetermine his claim.
While the basic grounds for deportation apply across categories, Canadian immigration law tailors the process and available remedies based on status. These distinctions determine not only vulnerability to removal but also what defences may be raised.
Building on the overview above, refugees and protected persons benefit from stronger legal safeguards than other categories of non-citizens. International refugee law and Canadian legislation enshrine the principle of non-refoulement, which prohibits returning individuals to countries where they face persecution, torture, or cruel and unusual treatment.
These protections, however, are not absolute. Refugees who commit serious non-political crimes or are deemed threats to Canadian security may still face removal despite their status. In such cases, the Pre-Removal Risk Assessment (PRRA) process provides a final mechanism to evaluate whether conditions in their home country have changed or if new risks exist.
Canada also applies broader protective measures in some circumstances. Administrative Deferrals of Removal (ADR) and Temporary Suspensions of Removal (TSR) are issued for countries experiencing widespread conflict, natural disasters, or humanitarian crises.
These mechanisms delay removal until it is considered safe to return, though individuals with serious criminal records may be excluded from these protections.
✔️ Our lawyers have successfully challenged unfair refusals under these processes. In Musa v. Minister of Citizenship and Immigration (2012 FC 298), we appealed a rejected PRRA application for an Arab-Israeli LGBT couple who faced significant risk in their home country. The Federal Court agreed the immigration officer had failed to consider key evidence, including reports of honour-based violence in their family, and ordered a reconsideration.
Canada currently maintains removal suspensions for countries including Afghanistan, Syria, and parts of Somalia, recognizing that general conditions make return inappropriate for most individuals.
Deportation creates immediate and lasting consequences that extend far beyond simply being required to leave Canada. Understanding these impacts helps illustrate why fighting removal proceedings is so important for maintaining your life and family relationships.
When a removal order is issued against you, several immediate effects begin that can dramatically disrupt your life and legal status in Canada. These consequences start before you’re physically removed from the country.
⚠️ Detention reality:
Immigration detention is indefinite and doesn’t follow the same rules as criminal detention; you could be held for months or even years while awaiting removal.
Families separated by deportation face significant psychological stress, with children often experiencing academic difficulties, behavioural changes, and long-term emotional trauma. Spouses left behind frequently struggle with single parenthood, financial hardship from loss of household income, and the stress of maintaining relationships across international borders.
The deported individual often faces economic hardship in their country of origin, particularly if they have limited connections there or if economic conditions are poor. Many deportees have spent decades in Canada and lack current job skills, language proficiency, or social networks needed to rebuild their lives elsewhere.
💡 Family impact reality: Children separated from parents through deportation often show increased rates of anxiety, depression, and academic problems that can persist long after the separation occurs.
The most effective approach to deportation is prevention through skilled legal representation during criminal proceedings and early intervention when immigration consequences become apparent. Understanding available strategies can make the difference between removal and remaining in Canada.
✔️ Our comprehensive approach: We coordinate with skilled criminal defence counsel to ensure your immigration status is protected throughout the criminal law process, maximizing your chances of remaining in Canada.
Following the Supreme Court of Canada’s decision in R. v. Pham, criminal courts must consider the immigration consequences of sentencing decisions for non-citizens. This recognition has created opportunities to pursue sentences that minimize deportation risk while still addressing the seriousness of criminal behaviour.
Conditional sentences served in the community don’t constitute “terms of imprisonment” under IRPA, meaning they preserve your right to appeal deportation orders. Similarly, suspended sentences with probation may avoid triggering the six-month threshold that eliminates appeal rights for permanent residents.
Courts increasingly recognize that deportation can constitute a form of “cruel and unusual punishment” when it results in family separation or return to dangerous conditions. Skilled advocacy can persuade judges to structure sentences that acknowledge both public safety concerns and the humanitarian impact of deportation on families.
📌 The key is presenting compelling evidence of rehabilitation, community ties, family circumstances, and the specific hardships deportation would create. This requires coordination between criminal defence and immigration counsel to present a comprehensive picture that supports alternative sentencing approaches.
Once you’ve been deported from Canada, you’re generally prohibited from returning without obtaining special permission. This ban applies regardless of how many years you lived in Canada previously or what ties you maintain to the country through family or business relationships.
If you’re facing deportation or considering whether, if you get deported, can you come back to Canada‘, our experienced team can assess your options and guide you through this complex process.
An Authorization to Return to Canada represents your primary mechanism for overcoming a deportation order and returning to the country. However, obtaining approval requires demonstrating that you deserve a second chance and that your return would benefit Canada.
📌 Successful ARC applications typically demonstrate genuine rehabilitation, strong family ties to Canada, stable employment prospects, and community support for your return. Learn more about our Authorization to Return to Canada services.
Our knowledgeable legal team provides comprehensive representation for individuals facing deportation proceedings at every stage of the process. We understand that your ability to stay in Canada affects not just you, but your entire family’s future and well-being.
You might also be wondering about ‘what is the penalty for illegal immigrants in Canada‘. Our team can guide on various immigration violations and their consequences.
Our skilled legal team has successfully helped hundreds of clients avoid deportation and remain with their families in Canada. Call us today at 416.988.8853 for a confidential consultation about your case.
CBSA doesn’t automatically notify employers about removal proceedings, but your legal status may be affected during the process. If you hold a work permit tied to specific employment, deportation proceedings could impact your authorization to work, and you may need to inform your employer depending on your specific situation.
Yes, voluntary departure is often preferable to formal removal as it may provide better options for future return to Canada. However, this decision should be made carefully with legal advice, as voluntary departure still creates barriers to re-entry and may not be appropriate in all circumstances.
CBSA typically initiates inadmissibility proceedings within months of receiving notification of your conviction, though timelines can vary significantly depending on case complexity, your immigration status, and CBSA’s current priorities. Some cases may take over a year to develop, while others proceed more quickly.
Deportation creates significant barriers to future sponsorship applications, and you would typically need an Authorization to Return to Canada before any new sponsorship could proceed. The immigration officer would carefully scrutinize the relationship and your rehabilitation efforts before approving any new application.
Deportation doesn’t automatically affect your property rights in Canada – you can continue to own real estate, maintain bank accounts, and hold other assets. However, managing these assets from outside Canada can be challenging, and you should make appropriate arrangements before removal proceedings conclude.
