Foreign Nationals Facing Criminal Charges

By Hans ‘John’ Kalina · Updated October 6, 2026

A person who is neither a Canadian citizen nor a permanent resident may face criminal proceedings and immigration proceedings at the same time. A decision in one system may not resolve the other. The starting point is to identify the actual charge, immigration status, detention authority and any removal documents—not to assume a standard sentence or timetable.

Criminal bail and immigration detention are separate

A criminal court considers release under the Criminal Code. If a separate immigration detention authority remains, criminal bail alone does not necessarily lead to release from custody. Likewise, immigration release does not cancel criminal conditions. Read Release of Foreign Nationals on Bail and the current criminal bail guide.

Prepare a coordinated release plan with an address, reliable supervision where appropriate, attendance arrangements and conditions that can be followed in both systems. Do not assume that a criminal surety is automatically accepted as an immigration bondsperson.

A plea must be based on the actual case

The available defence, disclosure, alleged conduct and immigration consequences must be examined before choosing a plea or resolution. There is no reliable universal sentence of sixty to one hundred and twenty days for a false-document allegation, nor a guaranteed trial or release timetable. Different statutory charges have different elements and consequences.

A short sentence or non-custodial outcome may still have serious immigration effects. Review Criminal Convictions and Immigration Consequences before agreeing to a disposition. An appeal or bail-pending-appeal application has its own requirements and deadlines and is not a guaranteed second opportunity to resolve the problem.

Immigration detention review

For the ordinary review process, IRPA section 57 requires review within forty-eight hours after detention, or without delay afterward, at least once in the following seven days, and at least once in each subsequent thirty-day period. Separate rules apply to designated foreign nationals; do not assume this ordinary schedule applies to every category.

Section 58 sets out grounds for continued detention and authority to impose release conditions. Public danger, attendance risk, specified inquiries and identity concerns may be relevant. The evidence and alternatives to detention need careful preparation. Do not assume that all immigration detention automatically counts—or can never count—toward a criminal sentence; the legal basis and custody history require specific analysis.

Refugee protection and removal risk

The earlier article incorrectly treated an initial denial of fear at the airport as automatically and permanently eliminating refugee-claim eligibility. Eligibility is a legal question involving the person’s history, circumstances and current statutory bars. Section 99(3) prohibits an inside-Canada refugee claim by a person already subject to a removal order. That statutory restriction is different from treating one interview answer as a universal rule.

A pre-removal risk assessment is not an application anyone can simply file at any time. Section 112 contains eligibility restrictions. IRCC’s PRRA guide explains notification by CBSA and submission requirements. An eligible, timely first application may suspend removal; late, repeat or port-of-entry applications do not receive the same automatic protection. Obtain urgent advice on the exact notice, deadline and applicable stay.

Federal Court review and urgent remedies

Section 72 generally requires leave for judicial review under IRPA and exhaustion of any statutory appeal. Its usual filing-and-service periods are fifteen days for a matter arising in Canada and sixty days for one arising outside Canada, measured from notification or awareness, subject to the statutory qualifications and any extension granted.

Judicial review can concern legal reasonableness or procedural fairness; it is not limited to a procedural error and is not a new merits hearing. Relief often involves reconsideration, but the remedy depends on the case. Filing does not generally stop removal by itself. Counsel must assess any statutory stay, deferral request or urgent court motion. Do not rely on a fixed estimate of court processing time.

Documents to gather promptly

The charge, release or detention order and next court date.
Passport or identity documents and proof of immigration status.
Any removal order, CBSA reporting notice, detention-review decision or risk-assessment notification.
Immigration applications and correspondence, including the date each decision was received.
Contact details for a proposed supervisor or bondsperson, where relevant.

Speak with counsel

Contact the Law Office of Kalina & Tejpal or call 416-900-6999 for advice about the actual charge, court order and immigration circumstances.

This article provides general information only, not legal advice. Do not rely on it to decide a plea, ignore a condition or miss a filing deadline.