Currently, someone convicted of impaired driving could receive a maximum penalty of not more than five years in jail, but the offence would still be considered “ordinary criminality” under immigration law. An immigrant’s permanent residence status is not affected unless a sentence of six months or more is imposed.
However, under the proposed legislation, the increased maximum penalty to 10 years would automatically classify impaired driving as “serious criminality.” As a result, even if a first offender, who is not a Canadian citizen, is convicted and is only ordered to pay a fine, they would still lose their immigration status and be banned from Canada. This would affect foreign students, workers, visitors and permanent residents.
“We take impaired driving very seriously and we don’t want impaired drivers behind the wheel,” said Senator Ratna Omidvar in an interview. She noted that if a Canadian citizen is convicted of impaired driving for the first time, they could be sentenced to as little as a fine and walk free afterwards.
“A permanent resident in the same situation would pay the fine and face deportation,” Omidvar added. “It is a double whammy not on all people but just on a class of people. That’s an unintended consequence. The impact on permanent residents would be huge and disproportionate to what a Canadian would get.
In its submission to the Senate, the Canadian Bar Association also urged “careful consideration” of the bill, warning that the changes could put “a significant strain” on the immigration system and border officials in handling increases in inadmissibility and deportations.
The bar association wants the Senate to make the maximum jail penalty for impaired driving offences “10 years less a day” so they would still be classified as “ordinary criminality” and not trigger the automatic loss of a person’s permanent residency. At the very least, it says, there should be an exception to the 10-year penalty threshold for such offences that do not involve serious bodily injury or death.
“We remain concerned that Bill C-46 will introduce uncertainty into the law and result in significantly increased litigation and delays,” said bar association. “Our recommendations are intended to continue to protect Canadians from impaired driving, without triggering the serious criminality consequences.”
It’s not known how many immigrants would be affected by the proposed legislation, but immigration lawyer Robin Seligman said impaired driving is among the most common criminal offences and immigrants are not any more or less likely to commit the crime.
Statistics Canada said police reported a total of 72,039 impaired driving incidents in 2015 and given almost 300,000 newcomers and hundreds of thousands of visitors are coming to the country every year, the impact of the increased maximum penalty could be huge, said Seligman.
