For Americans
with an old criminal conviction, one of the most common questions is whether
enough time has passed for the issue to stop affecting travel to Canada.
In some
situations, the answer may be yes.
Canadian
immigration law recognizes a concept known as deemed rehabilitation,
which means that a person may eventually overcome criminal inadmissibility
automatically after a sufficient amount of time has passed.
However, this
rule is often misunderstood.
What deemed
rehabilitation means?
Deemed
rehabilitation refers to a situation where a person no longer needs to apply
for criminal rehabilitation because enough time has passed since the
offence and its sentence.
If someone
qualifies, they may be considered rehabilitated automatically under Canadian
immigration law.
For many
foreign nationals, this period is ten years after the completion of the
sentence for the offence.
When the
ten-year period begins?
The timing is
important.
The ten-year
period does not usually start from the date of conviction. Instead, it begins after
the entire sentence has been completed.
Depending on
the case, that may include:
• jail time
• probation
• payment of fines
• completion of other court-ordered
conditions
Because of
this, the date when someone becomes eligible for deemed rehabilitation can
sometimes be later than expected.
Situations
where deemed rehabilitation may apply?
Deemed
rehabilitation may be possible if:
• the person
has only one conviction
• the offence would not be
considered serious criminality under Canadian law
• at least ten years have passed
since the sentence was completed
However, the
details of the offence and the Canadian equivalent are important.
When deemed
rehabilitation does not apply
There are
several situations where deemed rehabilitation may not be available.
These include
cases involving:
• multiple
convictions
• serious criminality under Canadian law
• certain offences with higher maximum
penalties
For example,
because Canada increased penalties for impaired driving in 2018, many DUI
convictions may no longer qualify for deemed rehabilitation.
Why people
are sometimes still questioned at the border
Even when
someone believes they qualify for deemed rehabilitation, border officers may
still review the case.
That is because
the officer must still determine:
• the Canadian
equivalent of the offence
• whether the ten-year period has
actually passed
• whether the conditions for deemed
rehabilitation are met
If the
documentation is unclear, officers may ask additional questions or request
court records.
Why
documentation still matters
For Americans
traveling to Canada after an old conviction, it can still be helpful to carry
documents showing:
• the offence
• the outcome of the case
• the date the sentence was completed
These records
can help clarify the situation if questions arise at the border.
Sources
Overcome
criminal convictions — Government of Canada
Immigration
and Refugee Protection Act, section 36
Criminal inadmissibility — Immigration, Refugees and Citizenship Canada
