Do the new DUI laws spell disaster for Permanent Residents and Immigration Candidates?

By: ADMIN 2018-12-06

With the introduction of tougher laws that were effected on the 18 th of Dec, this year, the amendments to the Canadian criminal code is all set to carry severe repercussions for foreign nationals and permanent residents convicted of offences resulting from impaired driving.

Now, driving under the influence(DUI) is to be considered a grave criminal offence carrying an increased max sentence from 5 to 10 years.

These amendments will have a major impact on the immigration status for permanent residents in the country. The inclusion of DUI related offences under serious criminality threatens the PR status of these residents who could potentially be deported if convicted of such an offence overseas or in Canada post Dec 18.

In an announcement to CIC News, Immigration, Refugees and Citizenship Canada(IRCC) clarified that the new rules mean “most impaired driving offences could lead to a finding of inadmissibility for serious criminality under Canada’s immigration laws”. IRCC further elaborated that this includes cases where “it’s a first-time offence, no one is hurt and the sentence imposed is the minimum fine”.

IRCC also stated that there are factors and aspects already in place which could prevent a finding of inadmissibility and an order of removal for PRs, namely the restricted discretion afforded Canada Borders Service Agency and IRCC officers and in some cases, access to the Immigration Appeal Division (IAD).

For offences committed under this new law either in Canada or abroad, individuals charged will be unable to achieve “Deemed Rehabilitation”. A more subtle effect of this amendment is the stigma attached to the implication of serious criminality.