For most travelers
(visitors, students, workers), ordinary criminality can apply if the
Canadian equivalent is indictable (including hybrid offences treated as
indictable) or if there are two convictions from separate incidents.
Source: IRPA s.
36(2)
Examples (U.S. → Canada) — common “indictable/hybrid” equivalents
Common U.S.
offence description (varies by state) | Typical
Canadian equivalent | Why it can
trigger s. 36(2) |
Simple assault
/ battery | Criminal Code s.
266 | Hybrid → treated
as indictable for inadmissibility |
Shoplifting /
petty theft | Criminal Code s.
334(b) (theft under $5,000) | Hybrid → treated
as indictable |
Possession of
stolen property (lower value) | Criminal Code s.
355(b) | Hybrid → treated
as indictable |
Drug
possession (varies by substance) | CDSA s.
4(1) | Can be
indictable depending on substance/schedule |
Call A&M
Canadian Immigration Law Corporation: (204) 442-2786 to review your situation. An equivalency review can confirm whether
your U.S. offence is treated as indictable for IRPA s. 36(2) and what
options may exist.
Sources
Frequently Asked Questions
Yes—if the Canadian
equivalent triggers IRPA s. 36(2).
Source: IRPA s.
36(2)
Many Canadian offences are hybrid, and immigration treats hybrid offences as indictable.
Source: IRPA s. 36(3)(a)
The exact
statute section, charging language, plea/judgment, and any admitted
facts—especially where the statute covers multiple theories (theft vs use).
