In Canada,
“domestic violence” is usually prosecuted using general Criminal Code offences (assault, assault with a weapon/bodily harm/choking, threats, criminal
harassment). The intimate-partner context is typically an aggravating factor
at sentencing rather than a separate standalone offence.
Source: Justice Canada
(family violence laws)
Source: Criminal
Code assault framework (s. 265–267)
For U.S.
convictions, officers do equivalency (match to a Canadian offence)
and then assess criminal inadmissibility under IRPA s. 36.
Source: IRPA
s. 36
1) Key
Canadian equivalents and why “hybrid” matters
A) Common
“domestic” equivalent: Assault (s. 266) — hybrid
Simple assault
in Canada is s. 266 (with the definition of assault in s. 265).
It is a hybrid offence.
Source: s. 265
Source: s. 266
Immigration
effect of hybrid: IRPA says
that a hybrid offence is deemed indictable for inadmissibility analysis.
Source: IRPA
s. 36(3)(a)
Result: for a foreign national, an offence
equivalent to s. 266 can commonly trigger ordinary criminality under IRPA
s. 36(2) (because it is treated as indictable).
Source: IRPA
s. 36(2) and 36(3)(a)
B)
Higher-risk “domestic” equivalent: Assault with a weapon / bodily harm /
choking (s. 267) — hybrid + 10-year max
Canada’s s.
267 covers:
● weapon use/threat,
● bodily harm, and
● choking/strangling/suffocating.
It is hybrid, and if prosecuted
by indictment it carries a maximum of 10 years.
Source: Criminal
Code s. 267
Why this can
be treated as “serious”: Once equivalency is established, a foreign conviction that matches a Canadian
offence with a 10-year maximum can fall within serious criminality analysis under IRPA s. 36(1).
Source: IRPA
s. 36(1)(b)
Important: Hybrid status alone doesn’t make it serious;
the 10-year maximum does.
2) U.S. → Canada equivalency examples (CA / NY / MN)
State | Common
domestic-abuse charge | Likely
Canadian equivalent | Why it can
trigger inadmissibility |
California | PC 243(e)(1) (domestic battery – within PC 243) | Often s.
266 (assault) | s. 266 is hybrid → deemed indictable → ordinary criminality risk |
California | PC 273.5 (corporal injury) | Often s.
267(b) (bodily harm) | s. 267 has 10-year max → can be treated as serious criminality |
New York | PL 120.00 (assault 3rd) | Often s.
266 | hybrid → deemed
indictable |
New York | PL 121.11 (obstruction of breathing/blood circulation) | Often s.
267(c) (choking/strangling) | s. 267 has 10-year max → can be treated as serious criminality |
Minnesota | 609.2242
(domestic assault) | Often s.
266 | hybrid → deemed
indictable |
Minnesota | 609.2247
(domestic assault by strangulation) | Often s.
267(c) | 10-year max → can be
treated as serious criminality |
Sources:
3) Clear
summary: “Hybrid” vs “Serious”
● Hybrid offence → treated as indictable for
inadmissibility.
● Serious criminality → typically when the Canadian equivalent has a maximum of 10+ years (like s. 267) or other s. 36(1) triggers
apply.
Source: IRPA
s. 36(1), 36(2), 36(3)(a)
Call A&M
Canadian Immigration Law Corporation: (204) 442-2786
If your record involves domestic
assault, especially injuries or strangulation allegations, an equivalency
review can determine whether the Canadian match is s. 266 (often
ordinary criminality risk) or s. 267 (often serious criminality risk)
under IRPA s. 36.
Disclaimer
(Educational Use Only)
This content is
for general educational information only and is not legal advice. Immigration
laws, regulations, policies, and officer practices can change. U.S. offences
vary by state and outcomes depend on the exact statute, offence date, and court
records.
Sources
(hyperlinks)
- IRPA
s. 36
- Criminal
Code s. 265
- Criminal
Code s. 266
- Criminal
Code s. 267
- Justice Canada
(family violence laws)
- California
PC 273.5
- New York PL 121.11
- Minnesota 609.2247
Frequently Asked Questions
Yes. If it equates to a Canadian hybrid offence (like s. 266), IRPA treats it as indictable for inadmissibility screening.
Because it often equates to s. 267(c), and s. 267 carries a 10-year maximum on indictment—often pushing the analysis into serious criminality.
