Upcoming inadmissibility hearing

[diabolical]

Hii Everyone,

Good day! I would like to seek some advise on my upcoming inadmissiblilty hearing due to a DUI conviction in sept 2018.Currently I’m on a full time worker status in Toronto.

At the time of conviction the judge proceeded Summarily punishable with $1100 fine and drivers can license suspension.

Now, I received a letter from CBSA outlining my hearing to be held on 25th July 2019. I would like to know what can I expect at the hearing and how can I prepare best with the documentation.

After the incident, I have been proactive with community services, volunteering for MADD Canada and The Salvation Army from time to time. Is that going to help me with my case.??

Also, I would like to know if I have the right to counsel.?



Thank you!!!

 

[21Goose]

A DUI conviction is Serious Criminality and automatically makes you inadmissible to Canada. You should talk to a lawyer immediately to understand how best to prepare. Yes, you have the right to counsel.

Worst case, you can expect your current status to be cancelled and be issued a removal order telling you to leave Canada.

Yes, your actions after the DUI may help, but you really need a lawyer to present a strong case. Don't wing this.

 

[canuck_in_uk]

Hii Everyone,

Good day! I would like to seek some advise on my upcoming inadmissiblilty hearing due to a DUI conviction in sept 2018.Currently I’m on a full time worker status in Toronto.

At the time of conviction the judge proceeded Summarily punishable with $1100 fine and drivers can license suspension.

Now, I received a letter from CBSA outlining my hearing to be held on 25th July 2019. I would like to know what can I expect at the hearing and how can I prepare best with the documentation.

After the incident, I have been proactive with community services, volunteering for MADD Canada and The Salvation Army from time to time. Is that going to help me with my case.??

Also, I would like to know if I have the right to counsel.?



Thank you!!!

Under IRPA, a hybrid offence is considered an indictable offence, regardless of whether the conviction is summary or indictable.

You were convicted of an indictable offence and are inadmissible to Canada. Expect to be removed.

 

[dotslash227]

How does the removal work? Do they send you a notice and ask you politely to leave on your own? Or they take you to the airport the next day and put you on a flight back home?

 

[Buletruck]

They will probably issue a departure order for a date a few weeks out. They will expect you to submit the travel arrangements to them and may possibly seize your passport. If you don’t leave by the time indicated, it will become a deportation order and they will issue an immigration arrest warrant. They will remove you in that situation.

 

[diabolical]

A DUI conviction is Serious Criminality and automatically makes you inadmissible to Canada. You should talk to a lawyer immediately to understand how best to prepare. Yes, you have the right to counsel.

Worst case, you can expect your current status to be cancelled and be issued a removal order telling you to leave Canada.

Yes, your actions after the DUI may help, but you really need a lawyer to present a strong case. Don't wing this.

Hi @21Goose, Thank you for your reply. I'll seek the counsel help to present a strong case.

Referring to your point where you mentioned DUI conviction is a serious criminality, I would like request a little clarification.
As per the new DUI amendments, DUI was moved to serious Criminality in Dec 2018. I got Charged for the offence in July of 2017. Will it still be considered under Serious criminality?

Thank you again for your time and effort.!

 

[21Goose]

Hi @21Goose, Thank you for your reply. I'll seek the counsel help to present a strong case.

Referring to your point where you mentioned DUI conviction is a serious criminality, I would like request a little clarification.
As per the new DUI amendments, DUI was moved to serious Criminality in Dec 2018. I got Charged for the offence in July of 2017. Will it still be considered under Serious criminality?

Thank you again for your time and effort.!

In that case, it will be considered criminality, but the effect is the same - you're still inadmissible.