A hybrid
offence is one where the Crown may proceed either:
● summarily, or
● by indictment.
For immigration
inadmissibility, IRPA says a hybrid offence is deemed indictable. This
can affect U.S. travellers because many Canadian equivalents are hybrid.
Source: IRPA
s. 36(3)(a)
What this
means (practically)
● Even if a Canadian offence (or the Canadian
equivalent of your U.S. offence) could be treated “less seriously” in criminal
court, immigration may still treat it as indictable when deciding
admissibility.
Source: IRPA
s. 36(3)(a)
Examples of
Canadian offences that are commonly hybrid
● Assault (s. 266)
● Theft under $5,000 (s. 334(b))
These can matter because IRPA treats hybrid
offences as indictable for admissibility.
Source: IRPA
s. 36(3)(a)
Call A&M
Canadian Immigration Law Corporation: (204) 442-2786
If your U.S. matter maps to a
Canadian hybrid offence, the “deemed indictable” rule can change the
result—get an equivalency review before travel or applying.
Sources
(Article 3):
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.
Visitors/students/workers are assessed under s. 36(2), where “indictable” is a
key trigger. PR cases often turn on s. 36(1) thresholds (10+ year max or >6
months imprisonment imposed for Canadian convictions).
Source: IRPA
s. 36
