What are the consequences of having a criminal record?

[deadbird]

I don't have a criminal record. But am interested in comparing Canada's laws with other countries. Does it make it difficult for you to (1) Get a job (2) Housing (3) A driver's license (4) Travel, etc?

Also what are some common ways to get a criminal record? Off the bat I can think of DUI, drug possession, shoplifting, domestic violence, sexual assault, hit and run, arson, etc. How do they compare in severity?

I know this is a wide and nuanced topic, so if you can share some references as well that would be great. General rants and opinions are welcome too!

 

[meyakanor]

I'm not an expert, but from what I understand, there are three major classifications of criminal offenses: indictable, summary and hybrid.

From the perspective of immigration, hybrid offenses (such as DUI) are considered indictable, regardless if the actual charge is pursued summarily.

But for the purpose of applying for citizenship, the ruling of Ahmed vs. Canada provides precedence for more flexible interpretation of hybrid offenses where the judge has elected to proceed by ways of summary conviction.

http://reports.fja.gc.ca/eng/2010/2009fc672.html

https://defencelaw.com/criminal-charges-impact-on-citizenship/

So if you got charged of a hybrid offense, but eventually got convicted summarily, then there may be a way to avoid the 4-year bar for indictable offenses (again, a consultation with a lawyer may be required).



Regarding criminal record, another thing of note for permanent residents is that, everytime a non Canadian citizen is commits a crime, CBSA would be notified, and a section 44 report may be filed to IRCC (might be an oversimplification, but I think that should cover the gist of it).

http://wiki.clicklaw.bc.ca/index.php?title=I'm_a_Permanent_Resident_and_Have_Been_Charged_with_a_Criminal_Offence

The IAD may decide to hold an inadmissibility hearing, which may result in removal order.

If you are convicted of a 'serious' crime, then you would not be able to appeal this removal order (which means, you lose your PR status, and you would have to leave the country).

A serious crime is defined as follows:

1. A prison term of 6 months or more (as per a very recent ruling of the Canadian Supreme Court, fortunately now conditional sentences do NOT count as prison term)
2. A crime with maximum sentence of 10 years or more

It does not mean, however, that a conviction of a serious crime would necessarily lead to a deportation of the permanent resident in question. The CBSA agent has the discretion not to file a section 44 report.

The immigration lawyer, Raj Sharma, broke it down nicely in the following video:

IMO, green card holders have more of a fighting chance than Canadian permanent residents dealing with criminal charges.

Relatively minor crimes can easily result in 7 or 8 months of prison term, and in such case, a PR would have to solely rely on the discretion of border agent not to file a Section 44 report.

Even a super minor crime can still lead to CBSA writing a report to IRCC which results in removal order, which you would then have to appeal (and can still lose and be deported).

It's unfortunate, and draconian (IMO), but the rule is what it is.

Permanent residents should make it their upmost priority to stay out of trouble, at all times

 

[deadbird]

Thanks @meyakanor. That's very helpful. As you point out, it's critical for permanent residents to not commit a crime such since it can lead to deportation proceedings.

I am also interested in the consequences for Canadian citizens (naturalized or otherwise). In the US, a criminal record, for silly things like marijuana possession in your teens will mess you up for the rest of your life. Is it the same case in Canada with regards to a criminal record haunting you permanently. Are there sensible ways to get a record expunged?

 

[meyakanor]

Thanks @meyakanor. That's very helpful. As you point out, it's critical for permanent residents to not commit a crime such since it can lead to deportation proceedings.

I am also interested in the consequences for Canadian citizens (naturalized or otherwise). In the US, a criminal record, for silly things like marijuana possession in your teens will mess you up for the rest of your life. Is it the same case in Canada with regards to a criminal record haunting you permanently. Are there sensible ways to get a record expunged?

Hmmm, that's a very good question. I am (thankfully) not all that familiar with criminal record suspension or pardon. I heard though, even if the crimes have been pardoned, they should still have to be disclosed. Also apparently, non-guilty outcomes still affect your criminal record, and would show up during background check, though there are mechanism which can be taken to remove them.

http://www.legalline.ca/legal-answers/how-to-remove-a-canadian-criminal-record/

http://www.rcmp-grc.gc.ca/en/record-suspension-formerly-called-pardon-and-purges

Based on my experience, employers do conduct background check (though none of my employers in the past had ever asked for drug or medical checks), and some line of work may even require you to submit RCMP vulnerable sector checks. I'm not sure exactly how non-conviction records would affect employment prospects, but I'm assuming it would at least introduce some complications or delays.

As for drugs, the rule in the United States is very harsh, and especially with regards to non-citizens, technically, having ever smoked marijuana in the past, even once, would rule one inadmissible. Pot smokers would have to tread very carefully when dealing with US borders.

Once it is legal here, even more travellers who have gotten high in the past will face an uncomfortable and risky predicament when a U.S. Customs and Border Protection officer asks: Have you ever smoked marijuana?

Those who tell the truth will risk getting banned from America for life and must apply for special waivers in order to ever visit the U.S. Those who lie and are somehow caught could face an even worse predicament—the same lifetime ban, but no option to apply for a waiver for many years afterwards—which is why Saunders and other border experts strongly advise against lying. And so the border will increasingly present a Catch-22 for anyone who’s ever smoked up.

...

Or as Belanger puts it: “It’s a violation of U.S. federal law. It doesn’t matter where you do it in the world.”

http://www.macleans.ca/news/canada/if-youve-ever-smoked-marijuana-beware-of-the-u-s-border/

Since you are a US citizen though, entry to the US is probably the least of your worries

 

[rish888]

Hmmm, that's a very good question. I am (thankfully) not all that familiar with criminal record suspension or pardon. I heard though, even if the crimes have been pardoned, they should still have to be disclosed. Also apparently, non-guilty outcomes still affect your criminal record, and would show up during background check, though there are mechanism which can be taken to remove them.

http://www.legalline.ca/legal-answers/how-to-remove-a-canadian-criminal-record/

http://www.rcmp-grc.gc.ca/en/record-suspension-formerly-called-pardon-and-purges

Based on my experience, employers do conduct background check (though none of my employers in the past had ever asked for drug or medical checks), and some line of work may even require you to submit RCMP vulnerable sector checks. I'm not sure exactly how non-conviction records would affect employment prospects, but I'm assuming it would at least introduce some complications or delays.

As for drugs, the rule in the United States is very harsh, and especially with regards to non-citizens, technically, having ever smoked marijuana in the past, even once, would rule one inadmissible. Pot smokers would have to tread very carefully when dealing with US borders.



Since you are a US citizen though, entry to the US is probably the least of your worries

The wonders of federalism...