Dhanu Dhaliwal Law Group (DDLaw) has successfully overturned a conviction at the B.C. Court of Appeal that would have forced a long-time permanent resident of Canada to be deported.
This case highlights a critical issue: criminal lawyers must understand immigration consequences when advising clients with criminal charges.
What Happened in This Case
In 2019, Mr. G pled guilty to two counts of possession for the purpose of trafficking. He was told by his lawyer at the time that if he accepted a plea deal for a suspended sentence and probation, he would avoid deportation.
Unfortunately, that advice was incorrect.
Under Canada’s Immigration and Refugee Protection Act (IRPA), permanent residents are considered “inadmissible on grounds of serious criminality” if convicted of an offence punishable by a maximum prison sentence of 10 years or more. Possession for the purpose of trafficking carries a maximum sentence of life in prison.
This meant that as soon as Mr. G entered his guilty plea, deportation became inevitable — regardless of the type of sentence imposed.
In 2022, Mr. G was sentenced and later served with a deportation order by the Canada Border Services Agency.
The Appeal Court’s Ruling
DDLaw fought the case on appeal, arguing that:
Mr. G’s guilty plea was based on incorrect legal advice about immigration consequences. It was also problematic that no Punjabi interpreter was provided when he appeared in court, despite English not being his first language.
Further, the judge failed to confirm whether Mr. G fully understood the consequences of his plea, as required under the Criminal Code.
The B.C. Court of Appeal agreed.
Justice Lauri Ann Fenlon, writing for the panel, found that Mr. G had met the two-step test for setting aside a guilty plea:
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He was misinformed about the consequences.
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That misinformation caused him prejudice, since avoiding deportation was his primary concern.
The Court concluded that allowing the convictions to stand would be a miscarriage of justice. The guilty pleas were set aside, fresh evidence was admitted, and a new trial was ordered.
Why This Case Matters
“This case highlights why accurate legal advice is critical — especially when immigration consequences are on the line,” said Rob Dhanu KC, co-founding partner of Dhanu Dhaliwal Law Group. “A guilty plea is permanent. If it’s based on misinformation, the results can be devastating, including the risk of deportation after decades of living and working in Canada.”
For permanent residents facing criminal charges, the stakes are even higher than fines, probation, or jail time. Deportation separates families and destroys lives.
Protecting Clients from Miscarriages of Justice
At Dhanu Dhaliwal Law Group, our team of criminal and immigration lawyers work together to ensure clients are protected at every stage of their case. We understand how criminal convictions can trigger immigration consequences — and we fight to make sure clients know the full risks before making decisions.
If you or a loved one is a permanent resident facing criminal charges in British Columbia, contact us immediately. The advice you get today could determine whether you stay in Canada tomorrow.
Related Resources
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What To Do If You’re Arrested in BC: A Step-by-Step Guide to Protecting Your Rights
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Understanding Criminal Records and Immigration Consequences in Canada (Gov. of Canada)
Frequently Asked Questions
Can permanent residents be deported for a criminal conviction in Canada?
Yes. Under the Immigration and Refugee Protection Act, permanent residents convicted of an offence punishable by 10 years or more, or sentenced to six months or more in jail, can be deported.
Does the length of the sentence matter?
No. What matters is the maximum sentence available for the offence. For example, drug trafficking carries a maximum of life imprisonment, so any conviction triggers deportation risk — even if the sentence is probation.
What if I pled guilty without knowing the immigration consequences?
You may be able to appeal or apply to set aside your guilty plea if it was entered under incorrect legal advice or without full understanding.
Can a criminal defence lawyer also handle immigration consequences?
Some criminal defence lawyers work closely with immigration counsel to advise on both sides. At DDLaw, our team integrates both areas of law to protect clients.
