Newcomers warned of impaired penalties

OTTAWA • The federal government is warning newcomers that stiffer impaired driving and cannabis-related penalties could lead to their removal from Canada.

The measures are part of the sweeping package of changes taking place as Canada becomes the first G7 country to legalize recreational cannabis use.

On Dec. 18, new impaired driving penalties will take effect, raising the maximum penalties for most of these offences from five years to 10. It means they will fall under the definition of serious crimes for immigration determination purposes.

“The impact of these new penalties on permanent and temporary residents could be significant,” the Immigration Department advises in a statement.

The Immigration Department quietly posted a statement on its website earlier this week advising permanent and temporary residents of the upcoming penalty changes, noting they could be particularly affected.

The posting is the first part of a multi-pronged education campaign to be rolled out in the coming weeks to ensure newcomers to Canada are informed of the impact that Canada’s new impaired driving laws could have on their ability to remain in Canada.

“Our main message to permanent residents and temporary residents is — make sure you know and follow our laws, including our tough new rules for cannabis-related crimes and impaired driving. If you don’t, you could face serious legal and immigration consequences,” said Mathieu Genest, a spokesperson for Immigration Minister Ahmed Hussen.

People who work with immigrants and refugees warn the change will create barriers for newcomers.

“The significance of this change from an immigration point of view is very high,” said immigration lawyer Lorne Waldman.

Immigration officials could rule a person is inadmissible to Canada for “serious criminality,” even if an impaired driving offence took place in another country.

Under federal immigration law, a permanent resident or foreign national can be deemed inadmissible if they have been convicted of a Canadian offence punishable by up to 10 years in prison, or of an offence for which they have actually been sentenced to more than six months behind bars.

In addition, the same rule applies to those who have committed an offence in another country that, if committed in Canada, would carry a penalty of up to 10 years.

As a result, the department says, the new cannabis and impaired-driving provisions could mean:

Permanent residents might lose their status and have to leave the country.

Temporary residents may not be able to enter or stay in Canada.

Refugee claimants may be ineligible to have their claim referred for a refugee hearing.