Long-Time Canadian Permanent Resident Deported Over Criminal Convictions

Maple News reports that Adina Harms-Barbour, a German citizen who had lived in Canada for nearly five decades, has been deported after being found inadmissible due to serious criminality — a decision that underscores the sharp legal distinction between Canadian permanent residents and citizens.

Harms-Barbour arrived in Canada in 1975 at the age of seven and lived most of her life in the country. However, she never became a Canadian citizen — a decision that proved critical. Unlike citizens, permanent residents can be removed from Canada if deemed inadmissible under the Immigration and Refugee Protection Act (IRPA).

Her legal troubles began in earnest when she was convicted in 2015 of defrauding more than $5,000. The following year, she received a five-year prison sentence. In 2017, she was further convicted of related offences involving forged documents and given a two-year prison term to be served concurrently.

According to Canadian immigration law, a foreign national or permanent resident becomes inadmissible due to serious criminality if they are convicted of offences with a maximum sentence of at least 10 years, or if they receive a sentence of six months or more. Harms-Barbour met both criteria, prompting authorities to begin deportation proceedings.

In response to a deportation report from the Canada Border Services Agency (CBSA), Harms-Barbour argued her deep personal ties to Canada—including her employment history and family relationships—should exempt her from removal. Her legal team even proposed a warning letter as a more lenient alternative to formal removal.

Those efforts failed. A CBSA delegate authorized an admissibility hearing, which led to a deportation order. Harms-Barbour challenged this decision in Federal Court, claiming that her rights to procedural fairness were violated and that certain exculpatory evidence had been improperly ignored — including the role of her ex-husband in the crimes.

The Court dismissed her appeal. It ruled that the tribunal had acted within its powers and had appropriately considered all relevant information, reiterating that guidelines in enforcement manuals are not legally binding. The deportation order was upheld, leaving Harms-Barbour with few remaining legal remedies.

Under Canadian law, those subject to a deportation order are banned from re-entering Canada indefinitely. In exceptional cases, they may apply for an Authorization to Return to Canada (ARC), but the decision to grant such permission is discretionary and rare.

Harms-Barbour’s case serves as a cautionary tale for permanent residents: citizenship not only affirms deeper integration into Canadian society, but it also provides essential legal security. This case also highlights the firm stance Canadian courts and border authorities maintain in matters of criminal inadmissibility.

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