As set in IRPA,
it can allow inadmissibility even without a conviction where a person:
● Has committed an act outside Canada,
● the act is an offence where it has occurred, and
● it would be an offence in Canada.
Source: IRPA s.
36(1)(c), 36(2)(c)
What if it
is a Foreign national?
● IRPA s. 36(2)(c): act would be an indictable offence in Canada.
Or two summary offences in Canada.
Source: IRPA s. 36(2)(c)
What about a
Permanent resident?
● IRPA s. 36(1)(c): act must equate to an offence with a 10+ year
maximum sentence or imprisonment 6 months or more.
Source: IRPA s.
36(1)(c)
FAQs
● Does this apply to acts inside Canada without
conviction? These
“committing an act” provisions focus on acts that are outside of Canada.
Source: IRPA s.
36(1)(c), 36(2)(c)
Call A&M
Canadian Immigration Law Corporation: (204) 442-2786
If you have no conviction it does not
necessarily mean that you are not inadmissible. It is best practice that
if you have a foreign conduct that could match a Canadian offence, it is best
that you get a review before travel.
Source: IRPA s.
36
Written by:
Dr. Muhammad Abrar (Barrister and Solicitor)
Author | Writer | Mentor | Legal Researcher | Canadian Immigration Case Law and Statistics Analyst
