Charges or Acquittals Still Affect Criminal Inadmissibility in Canadian Immigration?

A charge means you have been accused of a crime and it is not a conviction. However, charges can still create immigration risk because IRPA includes “committing an act” provisions.

Key point to note: You can be found inadmissible without a conviction if an officer concludes that you have committed an act outside Canada that is:

●        an offence where it occurred, and

●        it would be an offence in Canada (with the required seriousness threshold).
 Source: IRPA s. 36(1)(c), 36(2)(c)

Where this appears in IRPA:

●        Foreign nationals: IRPA s. 36(2)(c) (act outside Canada that would be an indictable offence in Canada).

●        Serious criminality: IRPA s. 36(1)(c) (act outside Canada punishable in Canada by 10+ years maximum).
 Source: IRPA s. 36

Officer guidance (ENF 2 / OP 18) discusses evidence and analysis for “convicted in or outside Canada / committing an act.”
 Source: ENF 2 / OP 18  

Acquittal

Acquittal shows that the court found the person not to be guilty. IRPA demonstrates that inadmissibility may not be based on a final acquittal for a conviction-based analysis.
 Source: IRPA s. 36(3)(c)