mf4361 said:
@dpenabill
I am not referring to the entire Custom Act and IRPA, I'm just referring to the specific case of bring food without declaring it. There are of course occasions of breaking some other parts of Custom Act and IRPA that could cause removal from Canada and possible land you in jail. IRCC sees violating of immigration and customs laws more seriously than other criminal charges. There are occasion where you could be excluded from Canada without being criminally charged (common case: Misrepresentation)
The actual verdict comes from CBSA and IRCC officer who handles your case. You are right that it also depends on the severity of situation.
E.g. A pack of milk candy, probably just a fine, not criminal charges. 1000 pack of cigarette, 30 bottles of wine, endangered species, live animals. Possible removal order.
There probably is no reason to belabor this, but what usually happens, even what usually happens almost all the time, should not be confused with what can happen, with what the full range of potential consequences can entail.
For many, if not most criminal offences in Canadian law, the category of offence tends to encompass a very broad range of seriousness, for which the actual penalty imposed can vary greatly.
For example, in the Canadian Criminal Code a theft of one dollar is the
same offence as the theft of $4,999.99 dollars, either of which can be prosecuted as a summary offence or as an indictable offence punishable by up to two years imprisonment. The actual penalty imposed will vary widely depending on many factors. The offence itself, however, is the same: theft under Five thousand dollars.
Similarly for most Canadian offences.
In particular, the failure to properly declare a small quantity of foodstuffs can be charged as the
very same offence as an attempt to smuggle a large quantity of items like undeclared cigarettes or alcohol. Either can be charged as a summary offence or as an indictable offence for which up to five years imprisonment may be imposed.
The fact that the most likely consequence is a fine and forfeiture does not preclude the government from pursuing and imposing the more severe penalties, as the government retains discretion, as they say, to
prosecute to the full extent of the law.
Bottom-line: it is wrong to say that Canada cannot deport a PR because of a mere violation of customs regulations, even if doing so is not likely, not at all likely.
In some respects this observation is warranted here for reasons similar to what
keesio describes, but on an even broader scale: many times regulatory penalties are approached as a cost of doing business, particularly where enforcement is sporadic. Like speeding. Most of us who drive will regularly exceed the speed limit, recognizing the low risk of enforcement, prepared to pay the regulatory penalties if caught.
Smuggling is not like speeding. It is not like building a backyard fence without a building permit. Even if minor customs violations are typically handled perfunctorily, as a simple civil matter, subject to a mere fine and potentially forfeiture,
they can be prosecuted criminally and the potential criminal consequences can be severe enough to meet the IRPA definition of serious criminality.
Who gets targeted for criminal prosecution, and when, is a much bigger discussion, largely subject to common sense. The practical side of this, however, is also common sense, that attempting to circumvent Customs regulations is a fools adventure, and the downside can be surprisingly harsh.
Overall (bottom-line number two): it is foolish for any PR to flirt with potential criminal violations.
Just best to not go there. Remember, any conviction for an indictable offence, even if no jail at all is imposed, results in a lengthy prohibition precluding becoming a Canadian citizen for years . . . there are literally many tens of thousands of PRs in effect on track to never become a citizen, and make no mistake, even those who have been in Canada for many decades and have no ties in any other country sometimes get deported for criminality, decades after their first offence . . . for those who think it can be tough getting gainful employment in Canada, imagine being deported to a country you have not even visited in decades and trying to make a living, burdened by a criminal record. Just best to not go there, to not get started down that path.
