How to Determine Inadmissibility

How do I know if I am Criminally Inadmissible?

Non-Canadian citizens may be denied entry into Canada for, among other reasons, criminal convictions and criminal records.

In order for an offence to render someone inadmissible, it (1) must be an offence under Canadian law, and (2) must be of a certain severity.

Section 36 of the Immigration and Refugee Protection Act (IRPA) outlines the grounds for criminal inadmissibility. Having committed any of the offences described by s. 36, the applicant is inadmissible to enter Canada.

How do I know if it is an offence under Canadian law?

Foreign convictions and laws are equated to Canadian law for the purposes for determining inadmissibility. There is no one standard formula for determining equivalency between Canadian and foreign law.

The determination often requires several considerations, including:

Text analysis – comparing the wording of the two statutes (i.e. the Canadian Criminal Code and the foreign legislation) with a view to determining the “essential elements” of the respective offences.

Examining the facts of the case – considering the circumstances and context surrounding the offence in relation to the Criminal Code provisions.

Contact our office for a free consultation to determine how your offence is classified under Canadian law.

How do I gauge the severity of the offence?

Once you have determined the Canadian equivalent of your offence, you will then be able to determine how its severity under Canadian law.

Non-Serious Criminality

  • Any offence under a Federal Statute that is punishable by a maximum jail sentence of less than 10 years
  • For example: theft under $5,000.00, simple assault, fraud under $5,000.00

Serious Criminality

  • Any offence with a maximum prison sentence of 10 years or more
  • For example: offences involving bodily injury and/or use of a weapon; DUI or dangerous driving (as of December 2018)

FWCanada is a Montreal-based immigration law firm that provides professional legal services on Canadian immigration. For more tips and updates on Canadian immigration follow FWCanada on Facebook, Twitter, and Linkedin