Many Americans
believe that if a criminal offence happened long ago, it should no longer
affect their ability to travel internationally. In some situations this may be
true, but Canadian immigration law does not automatically ignore older
convictions.
Whether an old
criminal record affects entry to Canada depends on several legal factors,
including the nature of the offence and how Canadian law classifies it.
How criminal
inadmissibility is assessed
Canadian
immigration authorities evaluate criminal inadmissibility under section 36
of the Immigration and Refugee Protection Act (IRPA).
This section
determines whether a person may be inadmissible due to past criminal conduct.
The assessment
often involves comparing the foreign offence to its Canadian equivalent.
Why the age
of the offence does not always resolve the issue
Time alone does
not automatically remove criminal inadmissibility.
Instead, the
key issue is whether the person has become eligible for one of the legal
remedies available under Canadian immigration law.
These remedies
include:
● criminal rehabilitation
● deemed rehabilitation
● Temporary Resident Permits
Factors
immigration authorities consider
When evaluating
older criminal records, immigration authorities may consider several factors:
● the Canadian equivalent of the offence
● whether the offence falls under serious criminality
or criminality
● how much time has passed since the sentence was
completed
● whether there are multiple offences
These factors
determine whether the individual remains inadmissible.
Comparing
serious criminality and criminality
Category | Section of
IRPA | Threshold |
Serious
criminality | Section 36(1) | Offence
punishable by 10 years or more in Canada |
Ordinary
Criminality | Section 36(2) | Offence that
would be indictable in Canada |
Older offences
may still trigger either category depending on the circumstances.
Why
documentation can still matter
Even if an
offence occurred many years ago, immigration officers may still request
documentation confirming:
● the offence
● the court outcome
● when the sentence was completed
Having these
records available can help clarify the situation during a border inspection.
Educational
purpose of this article
This article is
intended to provide general educational information about how older criminal
records may affect entry to Canada.
A&M
Canadian Immigration Law Corporation assists Americans and U.S. residents in
reviewing criminal history to determine whether older offences may still affect
admissibility to Canada.
Disclaimer
This article is
for general educational purposes only and does not constitute legal advice.
Sources
