Americans often assume that crossing the Canadian border will be straightforward. However, some travelers encounter unexpected difficulties when Canadian authorities determine that they may be inadmissible.
One of the most common reasons for refusal is criminal inadmissibility under section 36 of
the Immigration and Refugee Protection Act.
Understanding why these refusals occur can help travelers avoid surprises and prepare appropriately.
How the Canadian border inspection process works
When a traveler arrives at a Canadian port of entry, officers from the Canada Border Services Agency (CBSA) conduct an examination.
This may include:
● verifying identity and citizenship
● reviewing travel documents
● checking immigration and law enforcement databases
If a potential issue appears, the traveler may be referred to secondary inspection for additional questioning.
Why criminal history can lead to refusal
Canadian immigration law allows authorities to refuse entry when a traveler is considered inadmissible due to criminal conduct.
This determination depends on whether the offence corresponds to a Canadian offence under section 36 IRPA.
Common offences that lead to refusals
Offence | Canadian | Possible |
DUI | Impaired | Often serious |
Assault | Assault | Criminality |
Theft | Theft | Criminality |
Drug offences | CDSA offences | Criminality or |
The final determination depends on the details of the offence and the Canadian equivalent.
Why some people are surprised by a refusal
Travelers may be surprised because:
● the offence occurred years earlier
● the conviction seemed minor in the United States
● they previously entered Canada without difficulty
However, admissibility decisions depend on Canadian law and may change depending on how
the record is assessed.
What to do after a refusal
Being refused entry does not necessarily mean travel to Canada will never be possible.
Possible next steps may include:
● applying for a Temporary Resident Permit
● applying for criminal rehabilitation
● determining whether deemed rehabilitation applies
At A&M Canadian Immigration Law Corporation in Winnipeg, we help clients navigate admissibility challenges, including criminal inadmissibility. Get in touch or book your appointment online today.
Educational purpose of this article
This article is intended to provide general educational information about criminal inadmissibility and border refusals.
Sources
Immigration and Refugee Protection Act
Written by:
Dr. Muhammad
Abrar (Barrister and Solicitor)
Author | Writer | Mentor | Legal Researcher | Canadian
Immigration Case Law and Statistics Analyst





