Criminal conviction outside of Canada in absentia

[thinking_hard]

There is a common situation in many third world countries where employers sue the employees who leave country after resignation of theft, which is often a ridiculous amount. And since those employees are outside, and it is not difficult to stop notice to reach home, often they end up not knowing about the lawsuit until either it's on trial, or worse, never.

Since criminal conviction outside of Canada can result in PR cancellation, my question is, what if the immigrant was sued falsely (but she never had a chance to prove it) after she landed to Canada and remain unaware of it until it's too late. Where going back home would get the person arrested, often tortured or employers' personal goons taking a hit on the person. In situations like those, and if the lawsuit is of damage of over $5000, theft, or sexual harrassment and default judgment have been given, and the country does not have any extradition treaty with Canada. Will that result in PR cancellation/revocation or is there any way to appeal to it?

 

[hawk39]

I think it would be best if this person gets professional advice from a lawyer, not an internet forum.

 

[zardoz]

There is a common situation in many third world countries where employers sue the employees who leave country after resignation of theft, which is often a ridiculous amount. And since those employees are outside, and it is not difficult to stop notice to reach home, often they end up not knowing about the lawsuit until either it's on trial, or worse, never.

Since criminal conviction outside of Canada can result in PR cancellation, my question is, what if the immigrant was sued falsely (but she never had a chance to prove it) after she landed to Canada and remain unaware of it until it's too late. Where going back home would get the person arrested, often tortured or employers' personal goons taking a hit on the person. In situations like those, and if the lawsuit is of damage of over $5000, theft, or sexual harrassment and default judgment have been given, and the country does not have any extradition treaty with Canada. Will that result in PR cancellation/revocation or is there any way to appeal to it?

If the employer sues, it's a civil, not a criminal offence. If it's reported as criminal theft, that's different. Which is it?

 

[thinking_hard]

Criminal Theft. Filed a month after the employee left and made sure the employee never gets to know of it till it gets to court (never emailed, contacted or anything) to force the person back home to surrender. They had threatened to hurt the employee before and can only do it once they're back.

 

[scylla]

Criminal Theft. Filed a month after the employee left and made sure the employee never gets to know of it till it gets to court (never emailed, contacted or anything) to force the person back home to surrender. They had threatened to hurt the employee before and can only do it once they're back.

IMO this will have zero impact on someone who already has PR. If you want to be sure, get a consult with a good Canadian immigration lawyer.

 

[thinking_hard]

IMO this will have zero impact on someone who already has PR. If you want to be sure, get a consult with a good Canadian immigration lawyer.

I thought so too. But may be problematic in getting citizenship. It's a common pattern in those areas to sue leaving employees of theft to destroy their future. And those are done in such a way that they only find out after trial is on way or default judgment is made.