Finding yourself facing criminal charges can be an overwhelming and daunting experience, especially if you are a non-Canadian citizen. Navigating the Canadian legal system can be complex, and understanding your rights and options is essential for securing the best possible outcome. At Collett Read LLP, we are dedicated to providing expert legal guidance and support to non-Canadian citizens facing criminal charges in Ontario.
Rights Available to Non-Citizens
First and foremost, it’s crucial to understand that everyone, regardless of their citizenship status, is entitled to certain rights under Canadian law. These rights include the right to legal representation, the right to remain silent, and the right to a fair trial. As a non-Canadian citizen, you have the same legal protections as Canadian citizens when facing criminal charges.
“Serious Criminality”
However, there are unique considerations and potential consequences for non-Canadian citizens involved in the criminal justice system. Depending on the nature of the charges and the outcome of the case, non-Canadian citizens may face immigration consequences, such as deportation or inadmissibility to Canada.
Specifically, a person who is a permanent resident may face deportation if their offence or sentencing meets the definition of “serious criminality” under Canadian law. The following are considered “serious criminality”:
- Conviction of a criminal offence that carries a possible prison term of 10 years or more (even if the actual sentence is less than 10 years);
- Sentencing of more than 6 months in jail for a criminal offence; or
- Conviction of a crime outside of Canada that would carry a prison term of 10 years or more, if committed in Canada.
Thus, it is essential to be aware of these potential consequences and to seek legal advice from experienced immigration lawyers who can advise you on your options.
Other Considerations
If you are arrested and charged with a criminal offense in Ontario as a non-Canadian citizen, you may be subject to immigration holds or detention while your case is pending. It’s crucial to communicate with your legal representative and immigration counsel to understand your options and to ensure that your rights are protected throughout the legal process.
Furthermore, non-Canadian citizens facing criminal charges may have concerns about their ability to remain in Canada or return to their home country. Depending on the nature of the charges and the outcome of the case, individuals may face challenges with their immigration status and travel privileges. Seeking timely legal advice is essential for mitigating these risks and understanding the potential implications for your immigration status.
Seeking Legal Representation
At Collett Read LLP, we understand the unique challenges and concerns facing non-Canadian citizens involved in the criminal justice system. Our experienced criminal defense team will work tirelessly to protect your rights, advocate on your behalf, and explore all available legal options to achieve the best possible outcome for your case.
If you are a non-Canadian citizen facing criminal charges in Ontario, don’t face the legal system alone. Contact us today at (905) 541-2228 or fill out a free form for a confidential consultation to discuss your case and learn how we can help. Our dedicated legal team is here to provide the guidance and support you need to navigate the complexities of the Canadian legal system and protect your rights and interests.