R. v. Chahal, 2023 ABCJ 106, May 9, 2023, at paragraph 63:
In summary (as the law relates to the case at bar):
1. A permanent resident can become “inadmissible” to remain in Canada by reason of “serious criminality” [IRPA section 36(1)].
2. Serious criminality arises when a permanent resident has been convicted of an offence punishable by a maximum term of imprisonment of at least 10 years [IRPA section 36(1)(a)].
3. An offence which can be prosecuted either by way of indictment or by way of summary conviction procedure is, regardless of the procedure chosen, deemed to be, for the purposes of section 36 of the IRPA, an indictable offence [IRPA section 36(3)]. Hence, a conviction for the offence of assault causing bodily harm [section 267(b)/ section 269(a)], gives rise to a characterization of serious criminality even when prosecuted by way of summary conviction procedure.
4. Seriously criminality will also arise when a permanent resident has been convicted of an offence under an Act of Parliament and has been sentenced to a term of imprisonment of more than 6 months [IRPA section 36(1)(a)].
5. If a permanent resident becomes inadmissible because of serious criminality, and if that person becomes the subject of a decision to make a removal order against that person, the person may, with certain exceptions, appeal to the Immigration Appeal Division against the decision to make a removal order [IRPA section 63(3)].
6. However, a permanent resident may not appeal to the Immigration Appeal Division if the permanent resident has been found to be inadmissible on the grounds of “serious criminality” [IRPA section 64(1)].
7. “Serious criminality” for the purposes of IRPA section 64(1) means that the right to appeal to the Immigration Appeal Division is lost to the permanent resident if he or she is sentenced to a term of imprisonment of at least six months for an offence under an Act of Parliament which is punishable by a maximum term of imprisonment of 10 years or more, or is sentenced to a term of imprisonment of more than six months for any offence under an Act of Parliament [IRPA section 64(2)].
