Permanent resident Entering Canada with conviction

[Lmo19]

Looking to gain a little clarity on my situation
I've been a PR for over 10 years. This past summer I was charged with BAC over .08
While driving. I entered a guilty plea so I now have a criminal record.

I'm looking to leave Canada at the end of Febuary will I have an issues when re entering the country?

I came across the Immigration and refugee Act and this entry
36 (1) A permanent resident or a foreign national is inadmissible on grounds of serious criminality for

(a) having been convicted in Canada of an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years, or of an offence under an Act of Parliament for which a term of imprisonment of more than six months has been imposed;

I served no jail time and the maximum jail time you can receive is 18 months upon a third conviction.
Am I okay to leave and re enter the country?

Appreciate any help , Thanks!

 

[Ponga]

I may be mistaken, but as a PR, you will still have the right to enter Canada, but...your conviction will likely lead to the eventual revocation of your PR.

Hopefully someone else will confirm this, or correct me.

Good luck!

 

[Lmo19]

Thanks for the reply!

Possibly lead to revoking, but I believe I can go through an appeal process if it ever came to that.
The main concern was the result-entry of the country and take each step as it comes

 

[Rob_TO]

(a) having been convicted in Canada of an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years, or of an offence under an Act of Parliament for which a term of imprisonment of more than six months has been imposed;

I served no jail time and the maximum jail time you can receive is 18 months upon a third conviction.
Am I okay to leave and re enter the country?

As you said, it wasn't a crime with a max sentence of 10 years, and you didn't serve any jail time. So you seem to be ok on both counts, and safe with your PR status.

 

[artin2015]

Looking to gain a little clarity on my situation
I've been a PR for over 10 years. This past summer I was charged with BAC over .08
While driving. I entered a guilty plea so I now have a criminal record.

I'm looking to leave Canada at the end of Febuary will I have an issues when re entering the country?

I came across the Immigration and refugee Act and this entry
36 (1) A permanent resident or a foreign national is inadmissible on grounds of serious criminality for

(a) having been convicted in Canada of an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years, or of an offence under an Act of Parliament for which a term of imprisonment of more than six months has been imposed;

I served no jail time and the maximum jail time you can receive is 18 months upon a third conviction.
Am I okay to leave and re enter the country?

Appreciate any help , Thanks!

For sure you can re-enter to Canada because u have PR. Inadmissible it s mean seriouse crime and it will effect in you citizenship when u apply for it not for re enter

 

[Ottawa-applicant]

Thanks for the reply!

Possibly lead to revoking, but I believe I can go through an appeal process if it ever came to that.
The main concern was the result-entry of the country and take each step as it comes

you can not appeal, you have plead guilty and now have criminal record, as you mentioned in the first post.

If you have been convicted after became a PR, they try to consult with lawyer to see if your status at risk, and for travelling you should be okay as long as show you need to allowed to enter back to Canada, such as work, family and etc.

Start by taking Back on Track course if your in Ontario, this will show you have taken steps towards correcting the dui incident.

Good luck

 

[Lmo19]

I understand I can't appeal the conviction. I meant appeal the evection process if they tried to revoke my PR.
I have successfully completed back on track maybe I'll bring proof of that when I travel.

 

[Ottawa-applicant]

I understand I can't appeal the conviction. I meant appeal the evection process if they tried to revoke my PR.
I have successfully completed back on track maybe I'll bring proof of that when I travel.

Yes completing BOT is a good ideas ask them to print you a letter indicating that you have finished the assessment and education course. They should be able to do so, I have seen it done before.
Regarding the revoking I would consult a lawyer or simply call cic and ask them

BR

 

[Rob_TO]

I understand I can't appeal the conviction. I meant appeal the evection process if they tried to revoke my PR.
I have successfully completed back on track maybe I'll bring proof of that when I travel.

Again you need to read what you already said in your own first post. The only way CIC will move to revoke your PR status is if the crime you committed has a max sentence of 10+ years, or if you went to jail for 6+ months.

Neither applies to you, so your PR is safe.

Not sure how this affects citizenship eligibility though, that may be another issue.

 

[Ponga]

This is baffling.

A person is inadmissible to Canada if they have a DUI, but if that same person gets a DUI after they become a PR...there's no penalty in Canada?

 

[Ponga]

Never mind. According to IP 02, a PR gets a free pass regarding a DUI:


3.3 Convictions in Canada

This is the first group of the three category headings mentioned in Section 3.2 of this chapter; included are persons described in A36(1)(a)
and A36(2)(a). These paragraphs affect persons convicted in Canada of offences under an Act of Parliament punishable:

in the case of permanent residents and foreign nationals, by a maximum term of imprisonment of at least 10 years, or of an offence under an Act of Parliament for which a term of imprisonment of more than six months has been imposed;


I guess the key words here are `has been' imposed. Since the OP did not serve jail time, there are no concerns with retaining PR.

 

[Lmo19]

I believe this is the conclusion. I may be questioned further by an immigration officer upon reaching customs but I suppose time will tell when I come back.

I appreciate all the input and replys !

 

[Lmo19]

Thought I would provide an update on this.

I travelled out of the country on the 13th and re entered on the 21st.

I proceed through customs and headed to one of those new automated machines. all I did was scan my PR card and enter my declaration card. I then proceeded to one border office who looked at my passport and PR card along with the declaration card and he waved me on.

Again thanks for the help!

 

[Ottawa-applicant]

Thought I would provide an update on this.

I travelled out of the country on the 13th and re entered on the 21st.

I proceed through customs and headed to one of those new automated machines. all I did was scan my PR card and enter my declaration card. I then proceeded to one border office who looked at my passport and PR card along with the declaration card and he waved me on.

Again thanks for the help!

Thanks for the update happy to hear it worked out for you. If you don't mind me asking with nationality was your passport

Good luck