As Canada and the U.S. gradually reopen their borders following widespread COVID-19 vaccinations, many individuals are once again planning trips—both short and permanent—to the Great White North. However, Maple News reports that prospective travelers should be aware of the rules around criminal inadmissibility, as a past criminal record could prevent entry into Canada.
Under Canada’s Immigration and Refugee Protection Act (IRPA), one can be found inadmissible for multiple reasons including health grounds, security concerns, or failure to meet immigration requirements. One key factor many overlook is criminal inadmissibility—restrictions placed on individuals with certain criminal histories.
A central principle in determining criminal inadmissibility is “double criminality.” This means a person could be barred from entering Canada if they were convicted of an offense in another country that also qualifies as a crime under Canadian law. Immigration officers compare the foreign crime to its equivalent under Canada’s Criminal Code to make this determination.
Canadian law distinguishes between two types of inadmissibility: ‘criminality’ and ‘serious criminality.’ Criminality includes being convicted overseas of a crime equivalent to an indictable offence in Canada or having two separate convictions for less serious offenses (similar to misdemeanors in the U.S.). Serious criminality applies if the offense carries a potential sentence of 10 or more years under Canadian law. Importantly, one does not need to be convicted in court to be inadmissible; credible evidence of having committed such an act is often sufficient.
Despite these restrictions, there are legal avenues to overcome criminal inadmissibility. One popular option is the Legal Opinion Letter, in which an immigration lawyer outlines why a client may still be eligible to enter Canada. This letter may argue that the individual is deemed rehabilitated, that the offense was minor or isolated, or that there is no comparable law in Canada.
Travelers can also apply for a Temporary Resident Permit (TRP), typically valid for up to three years. This permit allows entry if the benefits of the person’s visit outweigh the security risks. U.S. citizens can apply for a TRP at a Canadian border or embassy, while other nationals must apply through consulates.
Rehabilitation is another solution, with two forms: individual and deemed. Individual rehabilitation requires an application and is generally available five years after completing a sentence. Deemed rehabilitation, on the other hand, may apply automatically after 10 years for one indictable offence, or five years for two summary offences. Factors such as the nature of the crime and the applicant’s behavior since the offense play a key role.
It’s important to note that rehabilitation removes inadmissibility permanently, unlike TRPs which are temporary. Those unsure of their status or potential risks are encouraged to seek legal advice early on, especially if they are currently facing criminal charges or negotiating plea deals in other countries.
Understanding how criminal records affect immigration status is essential for anyone planning to enter Canada. According to Maple News, each case is unique, but proper legal guidance can make the path forward significantly clearer.