Can a criminal conviction get me removed from Canada?

Yes. A conviction for an offence punishable by a maximum of at least ten years, or one for which a term of more than six months was imposed, makes a permanent resident inadmissible for serious criminality and can eliminate the right of appeal. The sentence imposed, not just the conviction, matters enormously.

Do Charter rights apply at the border?

Yes, though the expectation of privacy at a port of entry is reduced for routine screening. Once questioning moves beyond routine screening into a detention or a criminal investigation, section 10(b) obligations arise and section 8 protections apply with more force.

Why does the Attorney General have to consent?

Several offences under the Act, including certain smuggling provisions, cannot be prosecuted without the consent of the Attorney General of Canada. The requirement is a control on prosecutorial discretion in a sensitive area, and a prosecution begun without valid consent is a nullity.

Specialized Prosecutions

Immigration Prosecution Lawyer in Canada

An immigration prosecution lawyer defends charges under Immigration and Refugee Protection Act, ss. 117 to 129. This page sets out what the offence covers, what the Crown must prove, the penalties on conviction and the defences that are commonly available, then lists criminal defence firms you can contact.

Immigration and Refugee Protection Act, ss. 117 to 129·hybrid offence

What Immigration Prosecutions covers in Canadian criminal law

The Immigration and Refugee Protection Act creates criminal offences in sections 117 through 129, including human smuggling under section 117, trafficking in persons under section 118, misrepresentation under section 127, and counselling misrepresentation under section 126.

These are federal prosecutions conducted by the Public Prosecution Service of Canada, and several require the consent of the Attorney General of Canada before proceedings can begin. That consent requirement is a genuine procedural safeguard and its absence is fatal to the prosecution.

Immigration prosecutions run alongside the administrative consequences under the same Act. A conviction can trigger inadmissibility, a removal order and loss of appeal rights, so criminal defence strategy has to be coordinated with immigration counsel from the outset.

What the Crown must prove

The Crown carries the burden of proving every element beyond a reasonable doubt. A reasonable doubt on any one of them means an acquittal.

The specific prohibited act under the section charged
Knowledge, since most offences under the Act require proof of knowing conduct
For section 127, a misrepresentation of a material fact that induced or could have induced an error in the administration of the Act
Where required, the consent of the Attorney General of Canada to the prosecution
Identity of the accused and the date and jurisdiction of the alleged offence

Penalties and consequences on conviction

Substantial fines and imprisonment, with section 117 carrying up to life imprisonment in aggravated circumstances
Inadmissibility to Canada for serious criminality under section 36 of the Act
A removal order and loss of the right of appeal to the Immigration Appeal Division
Loss of permanent resident status
A criminal record with consequences for employment and for travel

Common defences

Absence of knowledge of the false or misleading nature of a statement
Immateriality of the alleged misrepresentation
Absence of the required Attorney General consent
Section 8 Charter challenges to searches conducted by the Canada Border Services Agency
Section 10(b) breaches at the port of entry once detention became more than routine border screening
Negotiating a resolution structured to avoid the serious criminality threshold in section 36

Immigration prosecution lawyer: frequently asked questions

Can a criminal conviction get me removed from Canada?: Yes. A conviction for an offence punishable by a maximum of at least ten years, or one for which a term of more than six months was imposed, makes a permanent resident inadmissible for serious criminality and can eliminate the right of appeal. The sentence imposed, not just the conviction, matters enormously.
Do Charter rights apply at the border?: Yes, though the expectation of privacy at a port of entry is reduced for routine screening. Once questioning moves beyond routine screening into a detention or a criminal investigation, section 10(b) obligations arise and section 8 protections apply with more force.
Why does the Attorney General have to consent?: Several offences under the Act, including certain smuggling provisions, cannot be prosecuted without the consent of the Attorney General of Canada. The requirement is a control on prosecutorial discretion in a sensitive area, and a prosecution begun without valid consent is a nullity.

Find an immigration prosecution lawyer

Criminal defence firms listed on Criminal Lawyers Canada that identify Immigration Prosecutions among their practice areas. Featured listings appear first.