Criminality is a ground of inadmissibility pursuant to Section 36(2) of
the Immigration and Refugee Protection Act (IRPA). This section only
applies to foreign nationals. Criminality is predicated on types of
offences that are created by the Criminal Code. The Criminal Code distinguishes
between three types of offences:
– Summary conviction offences are the least serious
and may result in a maximum punishment of a $5,000 fine, six-month sentence, or
both.
– Indictable offences are punishable by
periods of imprisonment that can range from 2 years to life, in the case of first-degree
murder.
– Hybrid offences, such as impaired
driving, permit the Crown to determine which way to proceed based on the facts
of a particular case.
There are multiple ways that a foreign national may be found to be
inadmissible for criminality:
– By having been convicted in Canada of an
indictable offence or two summary offences, by having been convicted outside of
Canada of an equivalent offence,
– By having committed an act outside of
Canada that would be indictable in Canada, or;
– By having committed an indictable offence
upon entering Canada.
Exemptions
There are important exceptions to be aware of. A record suspension
(pardon) or acquittal breaks inadmissibility. Foreign nationals convicted
outside of Canada may be eligible to be deemed rehabilitated if 10 years have
passed since the completion of their sentence and their offence is not
considered serious. Individual rehabilitation may be available after five
years, and those who have not reached the threshold for either of these may
apply for a Temporary Resident Permit (TRP).
A&M Canadian Immigration Law Corporation can assist with determining eligibility for any of the above, preparing strong applications, and working through complex immigration processes to increase clients’ chance of entering or remaining in Canada.
