A hybrid
offence is an offence that the Crown may prosecute either:
● summarily, or
● by indictment.
For immigration
inadmissibility, hybrid offences are deemed indictable. This means even
if the Crown proceeded summarily, in immigration law it can still be treated as indictable for IRPA s. 36 analysis.
Source: IRPA
s. 36(3)(a)
Call A&M
Canadian Immigration Law Corporation: (204) 442-2786
If your case involves a hybrid
offence, and you are a temporary resident or will be a temporary resident. The
“deemed indictable” rule can change your admissibility. Best option is that you
can get your documents reviewed before travelling or applying.
Source: IRPA
s. 36(3)(a)
Written by:
Dr. Muhammad Abrar (Barrister and Solicitor)
Author | Writer | Mentor | Legal Researcher | Canadian Immigration Case Law and Statistics Analyst
Frequently Asked Questions
Often yes—ordinary
criminality (foreign nationals) focuses on indictable classification, while PR
cases often turn on serious criminality thresholds.
Source: IRPA
s. 36
