An individual may be inadmissible to Canada if he/she has committed an act that is unlawful and punishable in the country in which it was done as well as in Canada.
This article will explore some of the most common offenses that may bar individuals from entering Canada owing to inadmissibility.
Offenses Involving Driving Under The Influence Of Drugs Or Alcohol
The most prevalent offenses are the ones involving driving or operating a vehicle (car, boat, truck, bike, etc.) while intoxicated. Depending on the nature and type of the offense and the location, some of the offenses have been assigned different designations.
In the US, these offenses will include:
- DUI (Driving Under the Influence)
- DWI (Driving While Impaired/Intoxicated)
- DWAI (Driving While Ability Impaired)
- DWUI (Driving While Under the Influence)
- OWI (Operating While Intoxicated)
- OUI (Operating Under the Influence)
- OMVI (Operating a Motor Vehicle While Intoxicated)
Offenses Involving Reckless Driving
Often, a reckless driving conviction is viewed as similar to a DUI in the United States and can lead to denial of entry to Canada.
Dangerous driving is another similar offense that may result in inadmissibility. Any serious offense involving driving may mar an individual’s potential to enter Canada, whether or not he/she plans to drive in Canada.
Offenses Involving Fraud & Deceit
This is a very broad and general category of offenses that involves all sorts of unlawful acts committed with the malice intention of cheating and depriving one party of anything of which they are the rightful owner. Now the rightful and legal owner can be any individual, a business entity, or an organization.
Theft is also an offense that falls under the purview of fraud. The Canadian immigration authorities will determine the seriousness of the offense based on the nature of the theft, circumstances, and the amount stolen.
For example, thefts over and above $5,000 are considered serious crimes, while thefts below this amount are termed non-serious.
Additionally, the involvement of weapons, violence, or any other threat can elevate the seriousness of the crime.
Offenses Involving Assault
Assault refers to any act of violence or threatened violence that causes injury or fear to another person. This includes physical or verbal attacks, as well as menacing behavior. The severity of the crime depends on the severity of the assault. For example, if a weapon was used and/or bodily harm was caused in the assault, then this offense would be labeled as a serious offense.
However, both serious and non-serious assaults can result in inadmissibility to Canada.
Offenses Involving Drugs & Narcotics
These are offenses involving the production, possession, procurement, purchase, consumption, or distribution of narcotic drugs and opioids. Again, the seriousness of the offense and chances of inadmissibility to Canada depend on the nature and circumstances of the crime.
The Criminal Code of Canada classifies drugs differently. The nature and seriousness of the offense and the severity of punishment depend on the classification of the particular drug. For example, the possession of cannabis and the possession of cocaine are deemed as different offenses. Possession of cocaine attracts stricter and harsher punitive action as compared to possessing cannabis.
Ways To Overcome Criminal Admissibility
There are three options to address ineligibility, for entry into Canada, namely;
- Applying for a Temporary Resident Permit
- Submitting a Criminal Rehabilitation Application
- Record Suspension/Discharge
- Obtaining a Legal Opinion Letter
A Temporary Resident Permit (TRP) allows an individual to enter and stay in Canada for a predetermined and limited period. TRP is generally used when a traveler has a substantial and valid reason to enter Canada and the benefits of their entry outweigh any potential threat to Canadian society.
Depending on the reason to enter Canada, a TRP application can be issued with a validity of up to three years by the border services officer or the examining immigration officer. An individual may apply for TRP anytime and also it does not require them to complete their criminal sentence.
Individuals with criminal inadmissibility can also file a Criminal Rehabilitation Application in Canada. Upon approval, this application grants the applicant entry into Canada while clearing all past criminal charges. Also, after approval, the person would no longer need a TRP to enter Canada. This application is a one-time solution that does not need renewal.
The following conditions must be met to be eligible for criminal rehabilitation:
- The individual must have committed an offense outside Canada, that is equivalent to a punishable crime under the Criminal Code of Canada
- The individual must have been convicted of or confessed to committing the crime
- Five years must have passed since the completion of the sentence including jail time, fines, community service, or probation
The Criminal Rehabilitation Application process involves two distinct pathways to address inadmissibility, viz;
- Deemed Rehabilitation: This process occurs over time automatically, without requiring any formal application. Typically, when the examining immigration officer is thoroughly convinced that sufficient time has elapsed since the criminal conviction of the foreign national and is currently rehabilitated, then the individual may be granted access to Canada.
Deemed rehabilitation is assessed case-by-case depending on the nature of the crime, the quantum of time passed after the individual has finished serving their sentence, and whether more than one crimes are committed.
Additionally, deemed rehabilitations are applicable only if the crime committed outside Canada attracts a prison term of less than 10 years if it were committed within Canada.
- Individual Rehabilitation: In this process, the offender must adhere to the outlined criteria for rehabilitation, and the examining officer considers the individual highly unlikely to commit further offenses in the future.
A Record Suspension or Discharge (erstwhile known as a Pardon) granted by the Parole Board of Canada can also make an individual admissible to Canada. The process dissolves the previous inadmissibility owing to criminal offenses. Moreover, Record Suspensions/Discharges received outside of Canada are also valid within Canada.
Lastly, if a foreign national has committed or been convicted of a crime, a legal opinion letter addressed to the judicial authority hearing your case can help them avoid being found inadmissible to Canada.
Typically, a Canadian immigration lawyer drafts a legal opinion letter explaining the consequences of a conviction for Canadian immigration.
Citing relevant sections of Canadian law, the letter intends to help the deciding officer on the case tackle the charges and how different outcomes would affect the ability to enter Canada.
The letter may also suggest alternate infractions, which might not lead to inadmissibility.
