Brownstein, Brownstein, and Associates

In certain circumstances, permanent residents may be deported from Canada as a result of a report being made against them concerning their criminal inadmissability.

When the Appeal Board is faced with an individual who has a criminal record it must take into consideratin all the circumstances of the case and consider the humanitarian and compassionategrounds or equitable jurisdiction that it may take to allow the individual to remain in Canada. This descretion given to the Appeal Board is a very wide one.

The Appeal Board must consider:

the seriousness of the offence leading to the deportation order
the possibility of rehabilitation
the length of time the individaul has spend in Canada
the extent to which the individual has become established in Canada
family relations in Canada and the effect of dislocation from the family
problems the individual might encounter on return to his native country

It is important that the appellant demonstrates to the Appeal Board in a case where he has served a sentence in prison that during his time inside he was successfully rehabilitated. This can be established through a subpoena of the prison records which should demonstrate remorse, behaviour, attitude etc.

In addition, the social worker from the prison should be called to testify. Other individuals that may be called to testify are employers, religious leaders, probation officers and family members who have had contacat with the individual since his return to society.

When the appellant testifies in front of the board it is important that he never attempts to offer an excuse regarding a criminal conviction but comments on what has been learned during detention and brings evidence of rehabilitation (for example evidence of charitable activity and family relations).


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