bats

Thanks, but i couldn't open it. (zip file). I did find this
http://www.cbsa-asfc.gc.ca/agency-ag...dr-rd-eng.html
Which say that in 2009, 1855 persons were removed for criminality. The top 5 nationalities were Mexican, American, Czechoslovakian, Chinese, and Hungarian. Not sure why i am surprised to see Czech and Hungarian in there but I am.

That number will presumably increase now that the sentence time is reduced to 6 months. The bill C43 also mentions "serious criminality". Do they define that as a crime that has a sentence of more than 6 months or is it open to interpretation?

PMM

Hi

Serious criminality

36. (1) A permanent resident or a foreign national is inadmissible on grounds of serious criminality for

(a) having been convicted in Canada of an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years, or of an offence under an Act of Parliament for which a term of imprisonment of more than six months has been imposed;

(b) having been convicted of an offence outside Canada that, if committed in Canada, would constitute an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years; or

(c) committing an act outside Canada that is an offence in the place where it was committed and that, if committed in Canada, would constitute an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years.

dbd33

Er, yes. She has two passports, the children have three. (Well, had three before administrative control passed to them. Now they each use different ones and have allowed the others to lapse).

Former Lancastrian

While some will say the numbers aren't staggeringly high look at it from another angle. Thousands of families move to Canada every year either on work permits or have managed to gain PR status through the various routes.
They have brought their children with them. They go about life for many years but never apply for citizenship.
Then one day one of those children who is now in their mid 20s commits an offence and is convicted to over 6 months in prison. That person can now be deported without any appeal to the IAD. The person is also married with kids.
Think about all of the other family members that are impacted by this and may now have to uproot their lives.
Maybe the person being deported has no other family members living in the country where s/he is being deported to. They may have come across as a 2 yr old and have no real ties to that country.
And while writing this this thread appears on the Immigration section. Granted they are not PRs but were applying for it

http://britishexpats.com/forum/showthread.php?t=812488

BristolUK

Factual situation....we don't drive.


In reality, though, I doubt deportation would come into it. Right to family life and all that.

Almost Canadian

Why can one not have a family life in one's country of origin?

People convicted of serious criminality often find that their arguments of what their rights are fall upon deaf ears.

Former Lancastrian

Right to family life means nothing when no avenue of appeal
Loss of right of appeal

In certain situations, foreign nationals and permanent residents do not have a right to appeal. Persons may lose their appeal rights if a CBSA officer or a member of the Immigration Division determines that they are security threats or war criminals, or that they have committed crimes against humanity, were involved in organized crime or are serious criminals. A serious criminal is a person who has been convicted of a crime in Canada that may be punishable by at least 10 years in prison or for which a sentence of over 6 months imprisonment is given.
As PMM stated over 6 months NO APPEAL BYE BYE. So what does the rest of the family do?

BristolUK

One can.

But Human Rights doesn't make that distinction. Convicted Criminals have successfully remained in countries not of their origin when their family is in the country they successfully avoided deportation from. Then, of course, their family might be of that origin anyway and won't be too happy at the idea of being kicked out of their own country.

@Former Lancastrian

Still the reality of not being drivers.
So the serious criminal thing is going to have to be something deliberate rather than incredible misfortune.

Former Lancastrian

What you have to look at closely which many miss is the 6 months imprisonment in section 36(1) (a) offence committed in Canada.
All of the following offences could get you over 6 months imprisonment but many will not deem them as a serious offence

Shoplifting or theft under $5000, Simple Assault, Criminal Damage (Mischief) under $5000, Possession of Heroin or Cocaine 2 grammes, Obstruction of a Police Officer, Disobeying a Court Order, Public Mischief, Indecent Exposure,
Common Nuisance, Keeping a common gaming/betting house.

Now the likliehood of receiving a 6 month sentence could be argued but a simple DUI could get you 5 years.

Souvy

It's been quite a long time since Czechoslovakian was a nationality. About 20 years, I think. Two different countries. Two languages. I have a Slovak colleague. She struggles to understand Czechs.

FlyingDutchman6666

If you really want to see confusion on people's faces, ask about the difference between a Slovene and a Slovak.

orly

One is from Slovenia and one is from Slovakia?

FlyingDutchman6666

Hahaha yep, but where is Slovenia and where is Slovakia? No Google Maps allowed !

Novocastrian

Slovenia is right of Italy and south of Austria while Slovakia is east of The Czech Republic and south of Poland. No maps needed, whatever passports we all carry we aren't cradles you know.

dgagitw

I wouldn't - not because I value it more highly than Canadian citizenship but for purely practical reasons. With a Canadian PR card and a British passport I can, so long as I maintain the relevant number of days in Canada, come and go freely in both countries. With just a Canadian passport I'm at risk of being turned back at the UK border if, for example, I want to go there for an extended stay to help my parents move house (something I expect to have to do at some point in the next decade). Luckily it's not an issue for Brits, but I can certainly see why people from countries that don't allow dual citizenship would decide not to become Canadian. On the DUI red-herring, the obvious response is to point out that it gives yet another reason, were one needed, not to drink and drive. I would suggest anyone dumb enough to do that deserves to be deported for crass stupidity, if nothing else.