Mental Illness, Criminal Offences, & Deportation
Crimes that can lead to a deportation order
A permanent resident can be ordered deported if they are convicted of a "serious" crime. A crime is serious if:
- the maximum sentence someone could get is 10 or more years in prison, even if they get a shorter sentence or no time at all in prison, or
- the sentence that someone does get is more than 6 months in prison or jail.
The time spent detained before trial might also count as part of the sentence.
A foreign national can be ordered deported if convicted of a serious crime. A foreign national can also be deported for a less serious crime, or because of 2 convictions for even relatively minor crimes arising out of separate incidents.
Here are 2 examples of when CBSA can take steps that can lead to the deportation of a permanent resident.
Jane has a history of addiction to drugs and alcohol. She has a criminal record because she was found in possession of illegal drugs on several occasions. Jane lives with an abusive partner. One night when they were drinking, he threatened her with a knife. She threw a coffee cup at him. He called the police who charged both of them with "assault with a weapon". Jane went to court with a criminal lawyer. On her lawyer's advice she pleaded guilty, was convicted, and received a suspended sentence. Neither Jane nor her lawyer considered the immigration consequences.
During psychotic episodes Joe has uttered threats against bus drivers and store clerks thinking that they intended to harm him. Because of these incidents, he has a criminal record. Joe sometimes goes off his medication because of its side-effects. During a psychotic episode, he entered his neighbour’s apartment and took some food from her refrigerator. He was there when she came home from work. She called the police and he was charged with "being unlawfully in a dwelling house", arrested, and detained. Joe pleaded guilty without a lawyer. He was convicted and sentenced to time served.