Canadian
immigration law allows an individuals to be found inadmissible to Canada
because of criminal record. This is affirmed in IRPA s. 36.
Source: IRPA
s. 36
There are
Two main categories
1) Serious
criminality — IRPA s. 36(1) (PRs + foreign nationals)
For serious
criminality a person may be inadmissible if they:
● were convicted in Canada of an offence that gives
them a maximum penalty of 10+ years, or
● they were convicted in Canada and received more
than 6 months imprisonment, or
● they were convicted outside Canada of an offence that
is likely to be punishable in Canada by 10+ years, or
● they committed an act outside Canada that could be
punishable in Canada by 10+ years.
Source: IRPA
s. 36(1)
2)
Criminality (“ordinary criminality”) — IRPA s. 36(2)
For general
criminality a foreign national may be inadmissible if they:
● were convicted in Canada of an indictable offence,
or
● they have received two convictions which did not arise from the same incident,
or
● they were convicted outside Canada of an offence that
is to be indictable in Canada, or
● they committed an act outside Canada that is to be indictable
in Canada.
Source:
IRPA s. 36(2)
Call A&M
Canadian Immigration Law Corporation: (204) 442-2786
If you are worried about whether you
are inadmissible or have been refused at the border?We can provide
document-based review can clarify whether IRPA s. 36 applies and what
options you may have.
Source: IRPA
s. 36
Frequently Asked Questions
Yes—foreign convictions are
likely to trigger inadmissibility if they match a Canadian offence under IRPA
s. 36.
Yes— for admissibility it is assessed at entry, even for any brief trips.
Not necessarily. One
conviction may be enough, depending on the offence and category.
