Certain clients of Xavier Cormier, a criminal defense lawyer, are foreign citizens. Some of them are permanent residents waiting for their Canadian citizenship, while others are foreign students or refugee claimants.
What are the consequences of a criminal conviction for these people? What would be the impact of a criminal record on their residence permit or their citizenship application?
This issue, which relates both to criminal and immigration law, is partly resolved in Section 36 of the Immigration and Refugee Protection Act. A conviction can sometimes entail an order for removal of the delinquent foreigner: this mainly depends on the nature of the offence, the sentence imposed and the specific status of the foreigner (resident, recognized refugee, foreigner having a residence permit, etc.). A conviction may also slow down the application of the foreigner.
In some situations, especially if the client is found guilty, it may be timely for the criminal defense lawyer to apply for the granting of a conditional or absolute discharge from the judge, in order to avoid a removal order or slowing down procedures.
Any foreign person charged with committing a criminal offence is highly encouraged to consult a criminal defense lawyer and to share their specific situation with him. This person should also inform their immigration lawyer of the situation.
