Serious Crime and Permanent Residents: Understanding the Risks

For permanent residents, the rules regarding inadmissibility are somewhat stricter. The law refers to "serious criminality" as a criterion for revoking permanent residency, and it's important to understand what this entails.

Contrary to popular belief, serious crime isn't limited to violent or serious crimes. Since December 2018, driving while impaired by alcohol or cannabis has been considered serious crime, even if the penalty is limited to a simple fine. Why? Because this offense is theoretically punishable by 10 years of imprisonment. Therefore, any offense that could carry a maximum sentence of 10 years or more, even if you've never seen the inside of a prison, can lead to inadmissibility.

To appeal a decision of inadmissibility, a permanent resident must ensure that their prison sentence does not exceed 6 months less one day. Beyond this period, the right to appeal to the Immigration Board is lost, making the defense process more complex.

Since 2017, suspended sentences are no longer taken into account, thanks to a decision by the Supreme Court, which may offer some relief in certain cases.

Offenses and their impact on permanent resident status

For many common offenses, such as theft or mischief, the seriousness of the offense will be determined by the value of the property involved. For example, stealing 4,500 $ worth of supplies does not constitute serious crime, but stealing a luxury item worth 6,500 $ may be classified as such.

Another important point: when an offense carries a sentence of less than 10 years, it will only be considered serious crime if the prison sentence exceeds 6 months. Thus, a minor theft from a local store might not have serious consequences for permanent resident status unless a lengthy prison sentence is imposed.

A paradox for permanent residents

Paradoxically, it can sometimes be more advantageous for a permanent resident to serve a short prison sentence rather than avoid detention. For example, if you are charged with obstructing a peace officer by lying about your identity during a police stop, a short prison sentence will not jeopardize your status. On the other hand, a conviction for identity fraud, even without a prison sentence, could result in inadmissibility due to the seriousness of the offense.

Conclusion: Prevention and rapid action

It is essential for permanent residents to be aware of the risks associated with criminal offenses and to act quickly to protect their status. If you are facing a criminal charge or have concerns about your immigration situation, consult a Regulated Immigration Professional (RCIP) as soon as possible.