If you are a Canadian citizen you cannot be deported if you have criminal charges or get a criminal record.
If you are a foreign national or a permanent resident, criminal charges or a criminal record may result in your deportation.
If you are a foreign national or permanent resident and are charged with an offence (what happens when you are charged with a crime), the police will submit a report to the Canada Broder Services Agency, who may conduct an admissibility hearing before the Immigration and Refugee Board (IRB).
The IRB may, at the conclusion of the hearing, issue a deportation order. Permanent Residents may be deported if convicted of a “serious crime,” meaning an offence where, under criminal sentencing in Canada, the maximum sentence is 10 years or more in prison, or if the actual sentence received is greater than six months in prison. A foreign national may be deported if convicted of a “serious crime,” a less serious crime, or two minor offences stemming from separate events.
If you are concerned about the impact that a criminal record may have on your immigration status, it is recommended that you speak with a criminal defence lawyer to explore the defences and options that may be available to avoid a criminal record. It is further advisable for you to consult with an immigration lawyer regarding the impact any potential outcome to your charges may have on your status in Canada.
