Please note the disclaimer that nothing in this site constitutes legal advice. If you would like to have a consultation, please contact me.
This topic is about particular difficulties non-citizens may face when charged in Canada.
Rights on Arrest: US residents, US citizens and persons from
other countries are subject to the same laws in Canada as citizens of this
country. Being subject to those same
laws, all individuals are entitled to the same rights upon arrest. Therefore, on arrest, everyone must be
informed of his or her right to a lawyer and be given an opportunity to get
legal advice. In addition, persons who
are citizens of other countries must be informed of their right to contact a
consular officer from their country and to obtain consular assistance.
Cash Bail: One of the major difficulties a
non-resident may face is having to raise cash bail. In Canada, a prosecutor may demand cash bail
for persons ordinarily resident outside the jurisdiction of the court. Non-residents normally do not qualify for
legal aid, but persons in custody and who are without resources can still
obtain the assistance of duty counsel or otherwise qualify for legal aid. Even with legal assistance, the individual in
custody still faces the difficulty of raising bail. However, with the assistance of counsel, some
arrangement can be made to resolve the situation for the client.
Consequences of not returning to court:
Persons who elect not return to court
may create more problems than they seek to avoid. Firstly, all bail money is forfeited. However, that does not end the matter as the
usual course is for an arrest warrant to follow. If ever that person ends up in Canada, he or
she still faces the same charge, is likely not to be released until the charge
is dealt with and also faces an additional charge of not appearing in
court. For certain offences, extradition
from the country where the individual is taking refuge is also a
possibility. In that case a person's
citizenship is usually not a protection.
Effect of Criminal Conviction (In
Canada): A criminal
conviction, even one where the sentence does not involve jail, will usually
make a person who is neither a permanent resident or a citizen of Canada,
immediately excludable or deportable from the country. This may create more serious problems for
persons who are only in Canada on student visas, work authorizations or are
waiting to obtain permanent residence status.
Even a permanent resident may face problems as a conviction for a
serious offence may make that person deportable.
Effect of Criminal Conviction (Outside
Canada): A criminal
conviction in Canada will not usually have an effect on the status of an
individual in the country where he or she is a citizen, but it may effect
status where the person is not a citizen, for instance in the United
States. He or she may be immediately
excludable or deportable from the United States in the case of a person with
only a student visa or work authorization, but even in the case of a permanent
resident. Even a permanent resident may
face problems as a conviction for a serious offence may make that person
deportable.
For others, a criminal conviction, even outside their home
country, may create employment problems both current and future.
