Entering into a false a marriage to facilitate someone's immigration into Canada is marriage fraud.
Marriages of convenience are not allowed under Canada's immigration law.
It is illegal for someone who is Permanent Resident or Canadian Citizen to marry someone who is not in order to facilitate expedited immigration to Canada for that person.
Knowingly entering a fraudulent marriage for the purpose of allowing someone to stay in Canada illegally is an offence under the Immigration Act.
Furthermore, spousal sponsorship is a serious legal commitment, it requires that the Canadian Citizen or Permanent Resident that is the sponsor be financially responsible for the person they married for two years.
If the sponcered person accepts social assistance during these years their sponsor is responsible for repayment to the Government.
A person entering into a marriage of convenience and coming to Canada as an immigrant can be subject to ramifications once it is established that the marriage is in fact fraudulent.
They may be deported, this deportation will be determined by and carried out by the Canada Border Services Agency.
As well, the alleged offender who is Permanent Resident or Canadian citizen may be charged under the Criminal Code with Fraud.
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380(1) Every one who, by deceit, falsehood or other fraudulent means, whether or not it is a false pretence within the meaning of this Act, defrauds the public or any person, whether ascertained or not, of any property, money or valuable security or any service,
(a) is guilty of an indictable offence and liable to a term of imprisonment not exceeding fourteen years, where the subject-matter of the offence is a testamentary instrument or the value of the subject-matter of the offence exceeds five thousand dollars; or
(b) is guilty
(i) of an indictable offence and is liable to imprisonment for a term not exceeding two years, or
(ii) of an offence punishable on summary conviction,
where the value of the subject-matter of the offence does not exceed five thousand dollars.
Marginal note:Minimum punishment
(1.1) When a person is prosecuted on indictment and convicted of one or more offences referred to in subsection (1), the court that imposes the sentence shall impose a minimum punishment of imprisonment for a term of two years if the total value of the subject-matter of the offences exceeds one million dollars.
Marginal note:Affecting public market
(2) Every one who, by deceit, falsehood or other fraudulent means, whether or not it is a false pretence within the meaning of this Act, with intent to defraud, affects the public market price of stocks, shares, merchandise or anything that is offered for sale to the public is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.
R.S., 1985, c. C-46, s. 380;
R.S., 1985, c. 27 (1st Supp.), s. 54;
1994, c. 44, s. 25;
1997, c. 18, s. 26;
2004, c. 3, s. 2;
2011, c. 6, s. 2.
Fraud is a serious criminal offence.
If you are facing criminal charges for allegations of committing fraud or any other criminal offence charge contact Kostman and Pyzer, Barristers today for your free consultation!
Written By:
Jonathan Pyzer
Criminal Defence Lawyer (B.A., L.L.B.)
Jonathan is a highly skilled and sought after criminal defence lawyer who represents clients charged with criminal offences all over the Province of Ontario. He is a member in good-standing with the Law Society of Upper Canada, Criminal Lawyers’ Association and Toronto Lawyers Association.
