Deportation from Canada for loitering? Say hello to Bill C-43.

Proposed legislation that is currently undergoing its introduction and first reading in parliament – sponsored by Citizenship, Immigration and Multiculturalism Minister Jason Kenney – may see thousands of permanent residents deported from Canada for minor offences. 

The bill, Bill C-43 – Faster Removal of Foreign Criminals Act, an act to amend the Immigration and Refugee Protection Act – will mean that a permanent resident in Canada who commits an offence that could result in six months in jail or more would have their status revoked and be reported from Canada.

For example, Justin Bieber was facing six months in jail in the United States when he assaulted a paparazzi earlier this year. If he had permanent residency in the US and the countries were reversed, they’d deport him back to us under a similar law.

The maximum sentence for a summary offence in Ontario is six months in jail. Some examples of summary offences include:

Harassing telephone calls
Causing a disturbance
Vagrancy
Trespassing at night
Disorderly conduct
Indecent telephone calls
Shoplifting
Undertaking to tell fortunes
Defacing coins
Immoral theatrical performances
Public exposure
Loitering

The bill would also give the government power to revoke permanent resident status for people who have been jailed for at least six months. This also means – if a permanent resident served six months in jail for a relatively minor offence long ago, they could be deported for it now.

 

Any information provided here does not constitute legal advice and is intended for general information only. Should you require legal advise, you are encouraged to contact a lawyer directly. All blog postings are public and are not subject to solicitor/client confidentially. Case results depend on a variety of factors unique to each case, and case results do not guarantee or predict a similar result in any further case undertaken by the lawyer.

About Michael Niren

Michael is a graduate of Osgoode Hall Law School in Toronto. He is a member of the Law Society of Upper Canada, the Canadian Bar Association’s Citizenship and Immigration Section and the American Bar Association. He is frequently called upon to appear in the media to discuss Canadian and US immigration issues effecting North Americans. He has been interviewed by Canada AM, CTV, Canada News Net, the Globe and Mail and the Toronto Star and has given lectures on immigration topics overseas.

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