How Criminal Charges or Conviction can affect your immigration in Canada?

Canada, known for its welcoming spirit and love for ice hockey, was left in shock and mourning after the horrific Humboldt Broncos bus crash of 2018. This tragedy, which claimed the lives of 16 young athletes and injured 13 others, highlighted the strict immigration laws regarding criminal inadmissibility. 

The driver of the truck, Jaskirat Singh Sidhu, a permanent resident of Canada, was convicted of 29 counts of dangerous driving and sentenced to eight years in prison. Following his sentence, the question arose: should Sidhu be allowed to stay in Canada? The answer, as dictated by Canada’s Immigration and Refugee Protection Act (IRPA), hinged on the concept of criminal inadmissibility. 

Understanding Criminal Inadmissibility to Canada 

Under Canadian immigration law, you may be considered criminally inadmissible if you have: 

• Been convicted of an offence that could result in a maximum sentence of more than ten years in Canada, or 
• Committed one or more serious criminal offences, even if you haven’t been convicted. 

The Impact of Criminal Charges on Your Immigration Application

Even minor offences can raise red flags for immigration officials. Here’s a breakdown of how criminal charges can affect your application: 

Serious Crimes: Convictions for violent offenses, drug trafficking, weapons possession, and now driving under the influence (DUI) will almost certainly lead to inadmissibility. 

Multiple Offenses: Repeated occurrences of even minor crimes, such as theft charges, can trigger additional scrutiny during your application process. 

Pending Charges: Being charged with a crime, even if not convicted, can delay, or prevent your application’s approval. 

Recent Case: Jaskirat Singh Sidhu and Deportation 

Jaskirat Singh Sidhu’s case exemplifies how criminal charges can impact immigration status in Canada. Sidhu, a permanent resident, was driving a semi-truck that collided with a bus carrying the Humboldt Broncos junior hockey team in 2018, killing 16 people and injuring 13 others. He was convicted of 29 counts of dangerous driving and sentenced to eight years in prison. 

After serving his sentence, an Immigration and Refugee Board hearing determined Sidhu would be deported from Canada. Despite his established life in Canada, including a recent marriage, the severity of the crash and resulting loss of life outweighed arguments for staying on compassionate or humanitarian grounds. 

The families of the victims reacted with mixed emotions, balancing grief, and anger, but primarily focusing on the loss of their loved ones. Sidhu’s case underscores Canada’s strict stance on dangerous driving and highlights the lasting consequences of a criminal record tied to a significant tragedy. Reports indicated that Sidhu ignored multiple stop signs on the day of the accident, demonstrating a blatant disregard for traffic laws that resulted in a devastating loss of innocent lives. 

Key Points to Consider 

• Even permanent residents of Canada can be deported for serious crimes. 
• The severity of the crime is a major factor in determining inadmissibility. 
• A criminal conviction does not automatically mean inadmissibility, but it can raise red flags for immigration officials. 

How Can a Criminal Charge or Conviction Affect Your Immigration Application? 

If you have a criminal record, it is important to disclose it on your immigration application. Failure to do so can lead to serious consequences, including application rejection and a ban on entering Canada. The impact of a criminal record on your immigration application depends on several factors, including: 

• The nature of the offence 
• The severity of the offence 
• The sentence you received 
• How much time has passed since the offence 
• Whether you have been rehabilitated 

Legal Points to Consider 

• The burden of proof lies with the Canadian government to prove that you are inadmissible. 
• You have the right to challenge a decision of inadmissibility. 
• If you have a permanent resident status in Canada, criminal inadmissibility can lead to deportation proceedings. 

How to Avoid Criminal Inadmissibility 

The best way to avoid criminal inadmissibility is to avoid criminal activity altogether. However, if you have been charged with a crime, it is important to seek legal advice from an immigration lawyer. A lawyer can help you understand your options and navigate the immigration process. 

Contact Nanda and Associates for Immigration Help 

If you have any questions about how criminal charges or convictions can affect your immigration status in Canada, contact Nanda and Associates today. Our experienced immigration lawyers can provide you with the guidance and support you need throughout the immigration process. 

In addition to the above, here are some additional tips for potential immigrants and permanent residents: 

• Be aware of Canadian immigration laws regarding criminal inadmissibility. 
• If you have a criminal record, consult with an immigration lawyer before applying to come to Canada. 
• If you are a permanent resident facing deportation due to criminal charges, seek legal advice immediately. 

By following these tips, you can help avoid any complications with your immigration application or status in Canada. 

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