20
Jul

Criminal Inadmissibility describes people who are not allowed to enter or stay in Canada because they have committed or been convicted of a crime. That crime may have occurred in or outside Canada.

In general, individuals are considered to be criminally inadmissible if the person:

• was convicted of an offence in Canada;
• was convicted of an offence outside of Canada that is considered a crime in Canada; or
• committed an act outside of Canada that is considered a crime under the laws of the country where it occurred and would be punishable under Canadian law.

* Note: In order to determine inadmissibility, foreign convictions and laws are equated to Canadian law as if they had occurred in Canada.

This includes both minor and serious crimes, such as:

• theft
• assault
• manslaughter
• dangerous driving
• driving while under the influence of drugs or alcohol
• possession of or trafficking in drugs or controlled substances

There are some significant considerations for people who may be inadmissible. These are described in subsection 36(3) of the IRPA:

Serious criminality

36(1) A permanent resident or a foreign national is inadmissible on grounds of serious criminality for

(a) having been convicted in Canada of an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years, or of an offence under an Act of Parliament for which a term of imprisonment of more than six months has been imposed;
(b) having been convicted of an offence outside Canada that, if committed in Canada, would constitute an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years; or
(c) committing an act outside Canada that is an offence in the place where it was committed and that, if committed in Canada, would constitute an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years.

Criminality

(2) A foreign national is inadmissible on grounds of criminality for

(a) having been convicted in Canada of an offence under an Act of Parliament punishable by way of indictment, or of two offences under any Act of Parliament not arising out of a single occurrence;
(b) having been convicted outside Canada of an offence that, if committed in Canada, would constitute an indictable offence under an Act of Parliament, or of two offences not arising out of a single occurrence that, if committed in Canada, would constitute offences under an Act of Parliament;
(c) committing an act outside Canada that is an offence in the place where it was committed and that, if committed in Canada, would constitute an indictable offence under an Act of Parliament; or
(d) committing, on entering Canada, an offence under an Act of Parliament prescribed by regulations.

Depending on the nature of the conviction, the place of conviction, the time that has passed since being convicted, the end of parole and the time served individuals have several options to overcome their inadmissibility to Canada.

These are:

1. Temporary Resident Permit (“TRP”)
2. Rehabilitation (Deemed and Individual Rehabilitation) – Outside Canada Offences
3. Record Suspension (Pardon) – In Canada Offences