by Cristina Zohil-Morton
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by Cristina Zohil-Morton
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What Makes a Person Criminally Inadmissible to Canada?
Key Concepts: How Crimes Are Inadmissible to Canada
For immigration purposes, Canada treats offences in two broad categories: criminality and serious criminality. Criminality generally covers less severe offences and multiple minor offences, while serious criminality covers offences punishable by 10 years or more under Canadian federal law. This distinction affects whether a person is found inadmissible to Canada and which remedies are available.
Common Offences That Render Someone Inadmissible to Canada
The following list shows common examples of crimes that are inadmissible to Canada. Admissibility depends on whether the offence is equivalent to a Canadian offence.
- Theft and break-and-enter (property offences)
- Assault, including aggravated assault and offences involving weapons
- Manslaughter or homicide-related offences
- Driving while impaired (DUI/DWI) or dangerous driving
- Drug offences, including possession, trafficking, production, or importation of controlled substances
- Sexual offences and offences of a violent nature
- Transborder criminality (crimes committed outside Canada that would be indictable offences in Canada)
- Organized crime participation, extortion, arson, and other serious public-safety offences
Note: a single foreign conviction that would be indictable in Canada can trigger inadmissibility. Two or more minor offences may also lead to inadmissibility. For serious criminality, a single conviction punishable by 10+ years may be sufficient.
How Convictions Outside Canada Affect Admissibility to Canada
When a conviction occurs outside Canada, officers compare the foreign offence to the equivalent Canadian offence. If it matches a Canadian indictable offence, the individual may be found inadmissible. This is referred to as transborder criminality and is governed by the Immigration and Refugee Protection Act (IRPA).
Options to Overcome Situations Where Crimes Are Inadmissible to Canada
There are several pathways to overcome or manage criminal inadmissibility:
- Deemed rehabilitation: If at least 10 years have passed since completion of all sentences, a person may be considered rehabilitated and become admissible without applying.
- Individual rehabilitation: A formal application demonstrating the individual is unlikely to reoffend. Eligibility depends on the offence and time since sentence completion.
- Temporary resident permit (TRP): A discretionary permit allowing temporary entry despite inadmissibility, subject to strict criteria and fees.
If you have questions about rehabilitation or TRPs, seek tailored legal advice. Contact Zohil-Morton Law to discuss your specific circumstances.
Consequences When Crimes Are Inadmissible to Canada
Individuals found inadmissible may be refused entry, removed from Canada, or denied permanent residence. In some cases, criminal inadmissibility may trigger detention, deportation orders, or re-entry bans. Successful rehabilitation or a TRP can restore admissibility if requirements are met.
Practical Tips for Applicants Facing Inadmissibility to Canada
- Gather all court, sentencing, and police records for your convictions. These are essential for rehabilitation or TRP applications.
- Compare foreign convictions to the Canadian Criminal Code equivalent. Timing and legal elements affect admissibility assessments.
- Check if deemed rehabilitation applies before preparing applications.
- Consult a qualified immigration lawyer for application preparation and representation. Contact Zohil-Morton Law.
Stay Informed
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This article is for informational purposes only and does not constitute legal advice. Please consult a licensed immigration professional regarding your specific situation.
Frequently Asked Questions About Crimes Are Inadmissible to Canada
Q: What does it mean to be criminally inadmissible to Canada?
A: Criminally inadmissible means a foreign national or permanent resident is not allowed to enter or remain in Canada because of past criminal activity or convictions in or outside Canada. Officers assess whether the offence is equivalent to a Canadian indictable offence or falls under serious criminality.
Q: Which crimes commonly make someone inadmissible?
A: Common examples include theft, assault, manslaughter, driving while impaired, drug trafficking, and certain sexual or violent offences. Whether a particular conviction makes someone inadmissible depends on the equivalence to Canadian offences.
Q: Can convictions outside Canada make me inadmissible?
A: Yes. Convictions outside Canada can lead to inadmissibility if the foreign offence would be an indictable offence or a serious criminal offence under Canadian federal law. This is referred to as transborder criminality.
Q: How can I overcome criminal inadmissibility?
A: Options include deemed rehabilitation (usually after 10 years), individual rehabilitation, or applying for a temporary resident permit. Each option has distinct requirements and timelines. Consult an immigration lawyer for tailored advice.
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