Inadmissibility and Deportation of Permanent Residents in Canada.

AuthorTuttle, Myrna El Fakhry

Unlike Canadian citizens, non-citizens can be deported from Canada for various reasons, including criminal offences without an opportunity to appeal.

Unlike Canadian citizens, non-citizens can be deported from Canada for various reasons. For example, for committing crimes, for breaching immigration laws, for being a security threat, for political reasons, etc. Deportation occurs when immigration authorities order individuals to leave a specific country. People who are deported are usually sent back to their country of origin.

Under the Canadian Constitution, the federal government enacts immigration laws and is in charge of deporting non-citizens from the country. In 2001, Canada enacted the Immigration and Refugee Protection Act (the IRPA).

The Immigration and Refugee Protection Act (the IRPA)

Under the IRPA, permanent residents have a limited right to enter and remain in Canada. Unlike citizens, permanent residents do not have a constitutional right to stay in the country. See section 6 of the Charter of Rights and Freedoms (the Charter).

The IRPA determines who is admissible to Canada. If a person lives in Canada and becomes inadmissible, that person may be subject to a removal order and might be deported.

Sections 34-42 of the IRPA list nine categories of inadmissibility, among them serious criminality, health grounds and financial reasons. This article will focus on inadmissibility on the grounds of serious criminality.

The Faster Removal of Foreign Criminals Act (the FRFCA)

In June 2013, Bill C-43 or the Faster Removal of Foreign Criminals Act (the FRFCA) came into effect. The FRFCA included changes related to admissibility and the right to appeal.

The FRFCA amended section 36(1) of the IRPA whichnow states:

A permanent resident or a foreign national is inadmissible on grounds of serious criminality for a) having been convicted in Canada of an offence...punishable by a maximum term of imprisonment of at least 10 years, or of an offence... for which a term of imprisonment of more than six months has been imposed. The FRFCA also amended section 64 of the IRPA which reads:

(1) No appeal may be made to the Immigration Appeal Division...if the foreign national or permanent resident has been found to be inadmissible on grounds of...serious criminality.... (2)...serious criminality must be with respect to a crime that was punished in Canada by a term of imprisonment of at least six months... Consequently, Canada can deport permanent...

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