If you are
planning to visit, study, work, or immigrate to Canada, a criminal
record could affect whether you are allowed to enter. In Canadian immigration
law, this is called criminal inadmissibility.
This catches
many people off guard, especially people living in the United States. You might
be a U.S. citizen, a green card holder, or someone in the U.S. on a
temporary visa, and still run into problems at the Canadian border because
of an old charge or conviction. Even if the matter seems minor, Canadian
authorities may look at it differently under Canadian law.
Criminal
Inadmissibility Under Canadian Law
In Canada,
criminal inadmissibility is mainly governed by section 36 of the Immigration
and Refugee Protection Act (IRPA). This section gives immigration officials
the power to refuse entry to someone because of criminal history.
Section 36
breaks criminal inadmissibility into two categories: serious criminality and ordinary criminality.
Serious
criminality applies to both
foreign nationals and permanent residents. In general, it can apply when
someone has been convicted of an offence that is punishable in Canada by a
maximum sentence of at least ten years, or when they received a sentence of
more than six months. It can also apply to conduct or convictions from outside
Canada if that offence would be considered serious under Canadian law.
Ordinary
criminality applies only to
foreign nationals. This can include one indictable offence, or sometimes two
separate offences, depending on the facts. It can also apply where a person was
convicted outside Canada, or committed an act outside Canada, that would amount
to an indictable offence if it had happened here.
What matters
most is this: Canada does not only look at what happened in the United
States. It looks at how that offence compares to Canadian law.
So, for
example, a DUI, assault, theft, or fraud offence in the U.S. may lead to
admissibility issues in Canada, depending on the exact charge, the sentence,
and how the offence translates under Canadian law.
Why Criminal
Records Matter at the Border
When you arrive
at the border, Canadian officers can review your criminal history and decide
whether you are inadmissible under section 36. They do not just look at the
name of the offence. They often look at the underlying facts and compare them
to the Canadian equivalent.
That means even
an older offence, or one you thought was behind you, can still cause problems
when trying to enter Canada.
Canadian courts
have also weighed in on how these rules should be interpreted. In Tran v.
Canada (Public Safety and Emergency Preparedness), 2017 SCC 50, the Supreme
Court of Canada clarified how “serious criminality” should be assessed under
section 36. Cases like this are important because they show that criminal
inadmissibility is not always straightforward. The legal outcome often depends
on the details.
Final
Thoughts
If you are
planning to come to Canada for travel, school, work, or immigration, it
is important to deal with any criminal record issues before you make plans.
What seems like a minor issue in the U.S. can have much more serious
consequences at the Canadian border.
A proper legal
review can help you understand whether you may be inadmissible, whether the
offence has a Canadian equivalent, and what options may be available.
Contact Us
A&M
Canadian Immigration Law Corporation is based in Winnipeg, Manitoba, and assists clients with
Canadian immigration matters, including criminal inadmissibility.
Call A&M
Canadian Immigration Law Corporation: (204) 442-2786
If you have a
U.S. criminal record and are planning to enter Canada, a document review can
help determine whether you may be inadmissible and what steps may be available
to address it.
Sources
● Immigration
and Refugee Protection Act, SC 2001, c 27, s
36
● Tran
v. Canada (Public Safety and Emergency Preparedness), 2017 SCC 50
● Government
of Canada, Criminal inadmissibility
Disclaimer
(Educational Use Only)
This content is
for general educational information only and is not legal advice. Immigration
laws, regulations, and policies can change. For a detailed admissibility
analysis, speak with a qualified immigration lawyer about whether you, or
someone you know, may be inadmissible and what options may apply.
