New pot, newcomers could

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

The measures are part of the sweeping package of changes taking place in Canada.

The Cannabis Act includes penalties for up to 14 years in prison for illegal production or distribution of cannabis and for the Canadian border. The same maximum penalty for giving or selling marijuana to someone under 18 or using a young person to commit a cannabis-related offense.

On Dec. 18, the new penalties for taking out penalties, and the maximum penalties for most of these offenses will increase to 10 years from five. 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 department quietly put up the statement on its website.

The posting is a first part of a multi-pronged education campaign in Canada to be informed about the impact of Canada's new laws.

"Our main message to permanent residents and temporary residents is to make sure you know and follow our laws. said Mathieu Genest, spokesman for Immigration Minister Ahmed Hussen.

"These penalties will have significant impacts on Canadians and non-Canadians alike."

Inadmissibility to Canada

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," said immigration lawyer Lorne Waldman.

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

Under the authority of a federal immigration law, a permanent resident or foreign national may be deemed inadmissible if they have been convicted of a Canadian offense punishable by up to 10 years in prison, or of an offense for which they have been bars.

In addition, if committed in Canada, it would have a penalty of up to 10 years.

International meeting obligations

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

• Permanent residents might lose their status and have to leave the country;
• Temporary residents – including visitors, international students and foreign workers – may not be able to enter or stay in Canada;
• Refugee claimants may be ineligible for a claim for a refugee.

Moreover, appeal rights for permanent residents and foreign nationals, including sponsored members of the family clbad, could also be affected, the department said.

Under the changes, permanent residents will have to worry about the prospect of deportation proceedings, Waldman said.

Impaired driving is an extremely serious matter given the danger it poses, Waldman said.

"But do I think people should be barred from Canada, possibly for life, on one odd driving (offense)?"

He will be safe in the future.

Canada, a serious offense "makes your pathway into Canada much more complicated," Waldman said.

"Because you have to go through a whole series of steps and get an exemption.

Even now, Canada does not meet its international obligations with respect to refugees, said Janet Dench, executive director of the Canadian Council for Refugees, noting Canada's broad exclusions on the basis of serious criminality.

Canada is "increasing the risk that we are going to face somebody else in the face of a violation of our international obligations."