It appears likely YOU are OK, and at worse should not encounter a problem with your citizenship application other than some potential delays while IRCC verifies the specifics of the case.
BUT THE ODDS ARE NOT WHAT MATTERS. The particular details matter. What specific offence is charged matters.
@Dreamlad might be right about the PROBABLE impact. But how this actually affects you is not about what is probable. It is about what you are specifically charged with and what actually happens in the criminal case.
It is very likely you should notify IRCC of the case, but you can consult with an immigration lawyer, one who goes over the specific charging documents in the criminal case, to get a professional opinion. The criminal defense lawyer is probably not a good source for advice about how to handle this with IRCC.
Foremost, be certain about what it is you are charged with. The criminal defense lawyer and court documents are your best source of this information.
Depending on what the charge actually is, you may want to seriously consider paying for a consultation with an immigration lawyer apart from and in addition to the criminal lawyer, because there are some big differences in how the criminal system works and how a criminal case can affect a PR. Again, it seems likely this will not be a serious case and not be much of a problem,
BUT that depends on the actual charge.
For example, the offence of
criminal harassment can be a serious offence. In fact, contrary to
@Dreamlad assurances, if prosecuted by indictment, a conviction for
criminal harassment, section 264 in the Criminal Code, constitutes serious criminality and makes a PR inadmissible, subject to Removal from Canada,
EVEN IF there is no actual imprisonment imposed.
I do NOT mean to cause alarm. In particular, I
doubt (based on your account of the facts) that you are going to be prosecuted for criminal harassment by indictment. But you want to be sure about this.
My guess (emphasis on it being a guess) is that you are charged with one of the assault offences, perhaps "
uttering threats" which is Section 264.1 in the Criminal Code, which is specifically an offence for threatening to harm someone or damage their property. This too is a hybrid offence, so it can be prosecuted by indictment, but is far more likely the Crown will proceed summarily and the worst outcome is a conviction for a summary offence. Again, however, I do not know and in contrast
YOU really do want to KNOW FOR SURE what the charge is.
Further, Longer Observations:
Right up front there is a significant discrepancy or gap in your account. The facts you describe do not fit "
criminal harassment." Which is probably a good thing, because criminal harassment (Section 264 in the Criminal Code, see
https://laws-lois.justice.gc.ca/eng/acts/C-46/page-35.html#h-120223 ) can be a significantly more serious case than what it sounds like (emphasis on what it "
sounds like," noting what is actually charged is what matters), according to your description, which sounds more like an assault charge, and as I suggested, perhaps it is Section 264.1(1)(a) in the Criminal Code (same link), the offence of "
uttering threats."
Both are hybrid offences, meaning they can be prosecuted by indictment or as a summary offence. Again, which way it goes is a critical detail. If it is indeed handled as a relatively minor case, it will likely be prosecuted as a summary offence, no serious impact. But if considered to be more serious, either of these can be prosecuted by indictment, and that can have a significant or even serious impact.
If prosecuted by indictment and it results in a conviction, even if the outcome is probation, no jail, that would constitute a prohibition for citizenship purposes. Your citizenship application would be rejected or denied, and you would have to wait at least four more years before you could be eligible again, without counting any time you are on probation toward meeting the physical presence requirement.
That does NOT seem likely. NOT at all. But again, the odds are not what matters. What matters is what you are charged with and how it is prosecuted in your individual case.
But this brings up another important distinction, and something which
@Dreamlad appears to overlook.
This is not entirely correct.
It is correct that if a PR is convicted of any offence and sentenced six months actual imprisonment (actually, it is "
more" than six months, meaning at least six months and a day, or more; see IRPA 36(1)(a)), that would constitute serious criminality and make the PR inadmissible, subject to deportation (whether that actually happens, however, also depends on the particular details of the case and its severity).
But if a PR is convicted of an indictable offence that is punishable by imprisonment for ten years, or more, that too constitutes serious criminality EVEN IF the PR actually only gets probation. This too is 36(1)(a), which is here:
https://laws-lois.justice.gc.ca/eng/acts/I-2.5/page-6.html#docCont
And that is what it also says at the "Steps to Justice" website linked by
@Dreamlad, in section under heading "
What is a serious crime"
This leads to the BIG DIFFERENCE between a charge of "
criminal harassment," versus "
uttering threats" or a simple assault. All three are hybrid offences. Some relatively minor violations are usually prosecuted as a summary offence, resulting at worst in a conviction for a summary offence, which does not constitute a citizenship prohibition.
Since all three are hybrid offences, assuming it is one of these, unless and until the case is definitively (in the court's records) being prosecuted summarily, they are indictable offences which MUST be disclosed to IRCC. Technically they constitute a prohibition which could result in the immediate denial of the citizenship application, but anecdotal reports suggest IRCC does NOT ordinarily do that, but rather (depending on the particular circumstances) will hold off further processing until there is a more definitive outcome in the criminal case. I recently discussed this in-depth here:
https://www.canadavisa.com/canada-immigration-discussion-board/threads/can-i-apply-for-canadian-citizenship-with-pending-ongoing-criminal-charges.758636/#post-9969721
But this leads back to the difference between "
criminal harassment," versus "
uttering threats" AND, a really big difference if there is a prosecution by indictment (again, this does not seem likely, but YOU need to know for sure). If prosecuted by indictment, "
uttering threats" is at worst punishable by imprisonment for a maximum of five years (and it is only two years unless the threat is to cause bodily harm to a person). In contrast, if prosecuted by indictment, a conviction for "
criminal harassment" is punishable by imprisonment for up to ten years, making that serious criminality . . . meaning it would not only make you ineligible for citizenship but it would also make you inadmissible and subject to deportation . . . EVEN IF there is no jail time imposed. VERY BIG DIFFERENCE.
Again, I doubt you will be prosecuted for "
criminal harassment" by indictment, but again, you need to know for sure.
