Pivot Legal

Many people are aware that there are at least some differences between Permanent Residents and Citizens under Canadian law - differences, at least, that go beyond the merely cosmetic or ceremonial. For example, it is commonly understood that citizens have the right to vote at Federal and Provincial elections, while permanent residents do not.

It is, however, a commonly held belief that there are no other important and practical differences between these two statuses. Unfortunately, this belief is inaccurate. Although there are few differences, those that do exist can have potentially critical consequences for the individual concerned.The reality is that it is much more difficult to lose citizenship, than it is to lose permanent resident status. The existence of this difference is what generates - at least in the immigration context - one of the major nexus for differentiating the two statuses in question. Ultimately, the continued retention of permanent residence status is subject to various obligations , conditions, and admissibility requirements, most of which are not relevant for an individual already holding Canadian citizenship.

One area where this is apparent is the differential impact of criminal convictions (and, in some cases, even suspected criminal actions) on permanent residents as opposed to citizens. In the event of a criminal conviction, a permanent resident is subject to any of the same consequences under the law as a citizen in a similar situation. However, in addition, the permanent resident may be subject to additional "sanction" under the Immigration and Refugee Protection Act (IRPA). The IRPA sets out that a Permanent Resident convicted of certain types of serious criminal offences can be rendered criminally "inadmissible" to Canada. The effect of such a determination can result in that individual's loss of his permanent residence and even deportation from Canada.

It is therefore critical that this 'secondary' effect of a given criminal conviction and sentencing be kept in mind, when the subject is a permanent resident of Canada. An individual could well be subject to a criminal inadmissibility determination, such that, once they are released, even on parole, they may be subject to enforcement by the Canada Border Services Agency, and, ultimately, potential deportation on the basis of their inadmissibility.

In technical terms, this differentiation exists no matter how long an individual is in the country, subject potentially to some humanitarian and compassionate exercise of discretion on the part of the relevant authorities. Some recent cases, for examples, have involved individuals who became permanent residents of Canada as very young children, but never became citizens of Canada. Following their conviction for a qualifying offense, they were found inadmissible to Canada, stripped of their permanent residence status, and subsequently deported to their country of origin once they were released from criminal jail on parole.

As is clear, therefore, the ultimate legal consequences of a criminal offense on an individual highlights some critical differences that persist between citizenship and permanent residence status in Canada.

Disclaimer

The information contained in this article is intended to provide general information only. It does not constitute formal legal advice or give rise to any solicitor-client relationship. The author and Pivot Legal LLP disclaim any and all liability resulting from reliance upon this general information. The author and Pivot Legal LLP strongly recommend seeking formal legal advice from a competent solicitor before acting upon any information that may appear in this article.