Impaired Driving Conviction on PGWP

[Nick_01]

Hello guys,

Apologies in advance if this is not the right place to post this thread, but I am just looking for some answers and someone who had a similar incident as mine.

I had a DUI offence from early 2018 which falls under the old DUI laws. Fought this matter for 5 years and I was recently convicted as a first time summary offence and given 1000$ fine and 300$ victim surcharge. I am a temporary resident and currently on my work permit. Although I am not 100% sure if I am inadmissible now or not, but as far as I heard a foreign national with a conviction are subject to deportation. Please note: I was never contacted by a CBSA agent while being charged, nor that I was denied entry to Canada, always declared about this charges during applying for my immigration document and have always been approved. I have travelled in an out of Canada several times while my charges were pending. However, situation are different now and I am not sure if I am going to be deported since a conviction has been registered.

If anyone could share their thoughts on this or know someone who have been through this, would really appreciate your input. I am indeed very ashamed of my action and took full responsibility ever since. I was very young when I committed this action and have learnt a lot and held myself accountable for my mistakes.

Thank you.

 

[scylla]

Hello guys,

Apologies in advance if this is not the right place to post this thread, but I am just looking for some answers and someone who had a similar incident as mine.

I had a DUI offence from early 2018 which falls under the old DUI laws. Fought this matter for 5 years and I was recently convicted as a first time summary offence and given 1000$ fine and 300$ victim surcharge. I am a temporary resident and currently on my work permit. Although I am not 100% sure if I am inadmissible now or not, but as far as I heard a foreign national with a conviction are subject to deportation. Please note: I was never contacted by a CBSA agent while being charged, nor that I was denied entry to Canada, always declared about this charges during applying for my immigration document and have always been approved. I have travelled in an out of Canada several times while my charges were pending. However, situation are different now and I am not sure if I am going to be deported since a conviction has been registered.

If anyone could share their thoughts on this or know someone who have been through this, would really appreciate your input. I am indeed very ashamed of my action and took full responsibility ever since. I was very young when I committed this action and have learnt a lot and held myself accountable for my mistakes.

Thank you.

None of us are immigration lawyers. You need to be working with an immigration lawyer at this point. Good luck.

 

[Nick_01]

None of us are immigration lawyers. You need to be working with an immigration lawyer at this point. Good luck.

Thanks scylla. I will speak to someone next week and will definitely keep you all apprised.

 

[scylla]

Thanks scylla. I will speak to someone next week and will definitely keep you all apprised.

Good luck.

 

[SCC]

If you have a clean chit from the court and you have paid the fines you should be fine.

 

[Nick_01]

If you have a clean chit from the court and you have paid the fines you should be fine.

Hi, thanks for your response. I have spoken to few lawyers and below is what they said.


Serious criminality is based on s.36(1) of the IRPA. Serious criminality refers to a permanent resident or a foreign national who has been convicted in Canada of any offence under an Act of Parliament that is punishable by a maximum term of at least 10 years or for which a term of imprisonment of more than 6 months has actually been imposed

If the offence occurred before 2018 december,

The maximum punishment for DUI, an offence under s.253(1) of the criminal code, was 5 years. This clearly falls below the threshold under s.36(1). Importantly, the maximum sentence under s.36(1) is assessed as the sentence available on the date of the commission of the offence.2 . Therefore you are not inadmissible due to serious criminality under section 36(1) or due to criminality under s.36(2) of the Immigration Refugee Protection Act (“IRPA”).

The Supreme Court reiterated this principle in Tran: “the relevant date for assessing serious criminality under s.36(1)(a) is the date of the commission of the offence, not the date of the admissibility decision.”

 

[Ultraxion]

The maximum punishment for DUI, an offence under s.253(1) of the criminal code, was 5 years. This clearly falls below the threshold under s.36(1). Importantly, the maximum sentence under s.36(1) is assessed as the sentence available on the date of the commission of the offence.2 . Therefore you are not inadmissible due to serious criminality under section 36(1) or due to criminality under s.36(2) of the Immigration Refugee Protection Act (“IRPA”).

You sure OP is not inadmissible by criminality? DUI itself is a hybrid crime, even before the come into force of the new law in 2018. OP has recently been convicted, albeit summarily, IRPA sc 36(3)(a) regards all hybrid crimes as indictable.

Unlike your case, OP is a foreign national. Criminality can be a ground for inadmissibility.

 

[SCC]

You sure OP is not inadmissible by criminality? DUI itself is a hybrid crime, even before the come into force of the new law in 2018. OP has recently been convicted, albeit summarily, IRPA sc 36(3)(a) regards all hybrid crimes as indictable.

Unlike your case, OP is a foreign national. Criminality can be a ground for inadmissibility.

I believe that DUI falls under the Provincial Jurisdiction ... Have seen few similar cases in the past thats why I said if there's a clean chit from the court and RCMP whether the charges are dropped or clean chit is issued as you paid the fine, you should be fine..
Not sure though.. I think you should speak with an immigration lawyer not consultant @Nick_01