The only way this can be fixed is if you reopen the case and atleast overturn the conviction to a conditional discharge it an expensive process I have done it with a charge I had on me
Deportation order
- Thread starter Nick_01
- Start date
Hi, I was given a conditional discharge at the provincial court. But after a year and half of serving the conditions imposed by the provincial court such as probation and driving probation, community service hours. The crown prosecutor appeal the sentence and it was overturned by the superior court and given a summary conviction of 1000$ fine.
That’s very rare that a crown attorney challenged provincial court’s decision still you can challenge the superior court decision it’s gonna be expensive and lot of work but not impossible I challenged my after 3 years.
Yup it was rare but it was appealed by the crown. We have made an appeal application to the higher court now to reinstate the original discharge but its long down the road that we got the hearing. Currently I have a conviction, and still not sure if I would be issued a deportation order.
See. a. lawyer.
Generally if it's under appeal you'd be able to do something about a deportation order - IF one is issued - but ...
see. a. lawyer.
May I ask, how come it took 4 years to land a conviction on this DUI? Also, can you provide some background on how it all happened? Just curious.
If you appeal PR application will be put on hold until a decision is made regarding your appeal. You need to be consulting both a criminal and immigration lawyer.
Yes you are right, it was due to covid and backlogs along with both defence and prosecutor trying various options with this case. I am not a PR yet, currently on my work permit. I was waiting for this case to be finally over and then I would have applied. I am kind of confused at this stage now, yes i did just receive a conviction but since my offence was before they stricken the DUI laws in 2018 december and is punishable by max 5 years. Also it was also a summary offence, does it still make me inadmissible in Canada?
Others will have to answer. I am not sure whether you are remain inadmissible for PR and whether your DUI will be considered based on current sentencing. Whether you qualify for a WP will also be an issue. When dies your WP expire?
Thanks for your response, I have always declared my charges and updated with IRCC and was still granted a 3 year PGWP until 2025, I also have a travel visa issued. My DUI was sentenced under 253 1(b) which was what it was called before December 19th 2018.
I suspect the fact that, at that point, you had not yet been convicted may have been why your PGWP was approved.
Yes @Ponga stand correct, I didnt have a conviction when I applied for my immigration document. I believe everything changes now.
Firstly I hope you don't get deported.
As a general rule I don't think they'd freeze someone's assets in a deportation order. If you're in-land and not an imminent risk (i.e. a violent criminal at risk of offending again and are incarcerated), then they'd give you a departure order, which takes 30 days to take effect and so you'd have time to sort out your affairs. I think when it comes to freezing bank accounts, they'd need a warrant to do that based on some type of evidence that you're committing wire fraud, which is clearly not the case here.
What matters here is you needed the will power here to fight this DUI all the way to ensure it protects your residency.
As a general rule I don't think they'd freeze someone's assets in a deportation order. If you're in-land and not an imminent risk (i.e. a violent criminal at risk of offending again and are incarcerated), then they'd give you a departure order, which takes 30 days to take effect and so you'd have time to sort out your affairs. I think when it comes to freezing bank accounts, they'd need a warrant to do that based on some type of evidence that you're committing wire fraud, which is clearly not the case here.
What matters here is you needed the will power here to fight this DUI all the way to ensure it protects your residency.
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