Canada Immigration Criminal Convictions
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Criminal Inadmissibility
The Act makes inadmissible any person who has:
(a) committed or been convicted of an offence in Canada, or
(b) who has committed or been convicted of an offence abroad that would also be considered an offence in Canada.
If the activity for which the person was convicted abroad would not be considered an offence in Canada, it is not a ground of inadmissibility. However, if it would be considered an offence in Canada, the offence is then considered according to the maximum punishment that could be received in Canada for an equivalent offence.
An individual need not have been convicted of an offence to be inadmissible to Canada as a visitor or immigrant on criminal grounds. The Immigration Act designates certain convictions and acts or omissions (therefore an actual conviction is not even needed) which are equivalent to offences in Canada. It depends upon the minimum punishment which might have been imposed in Canada had the conviction occurred here or if the act or omission may have resulted in such a conviction with these minimum requirements.
If an individual is only convicted of one offence which may only be prosecuted by summary procedures then such an individual is not inadmissible, however, two summary convictions not arising out of a single event will render an individual inadmissible. The majority of offences in Canada are indictable or may be proceeded with by way of indictment at the opinion of the Crown prosecutor.
This page is limited to the most common grounds of criminal inadmissibility and does not consider individuals who are inadmissible for reasons of being engaged in organized crime, espionage, subversion, terrorism, organized violence, war crimes or crimes against humanity, a danger to the security of Canada or senior government officials involved in state terrorism.
Serious Criminality Inside/Outside Canada
The following persons are inadmissible to Canada because of serious criminality (indictable offences) punishable by imprisonment of ten years or more:
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Less Serious Criminality (Hybrid Offences)
The following individuals are inadmissible for crimes punishable by imprisonment of less then ten years but for which an offender may be prosecuted on indictment:
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Minor Criminality
The following persons are inadmissible because they have committed minor, but repeated, summary conviction offences:
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Foreign Pardons and Criminal Rehabilitation
According to Canadian case law, an immigrant is considered rehabilitated if they have been granted a pardon in a jurisdiction where the law and legal system is respected by Canada and where its rehabilitation legislation is similar in purpose and effect to Canada's, the effect of the foreign law should be recognized and such persons should not be considered "convicted" for Canadian immigration purposes.
However, Citizenship and Immigration Canada does not automatically recognize foreign pardons. Visa officers are given the discretion to determine whether a foreign country's legal system and legislation are based on similar legal values. Visa officers are instructed to consider whether the immigrant can satisfy either the Governor in Council or the Minister of Immigration that he or she is rehabilitated.
Applying for a Pardon for Convictions in Canada
Persons who have been convicted in Canada, can not apply for Criminal Rehabilitation, they must apply for a pardon under the Federal Criminal Records Act. The Act provides that a person convicted of an offence under a federal Act or Regulation may apply to the National parole Board for a pardon.
The following periods must have elapsed before an application can be considered:
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For an offence prosecuted by indictment, the Board may grant a pardon if it is satisfied that the applicant during the five year period has been of good conduct and has not been convicted of a federal offence or Regulation. For an offence prosecuted by summary conviction, a pardon shall be issued if the offender has not been convicted of a federal offence or Regulation during the three year period.
Applying for Criminal Rehabilitation for Convictions outside of Canada
Applicants described in sections 19(1)(c.1) and 19(2)(a.1) may apply for Criminal Rehabilitation. The statutory five year waiting period must have passed before an application will be considered.
The purpose of the application is for the applicant to establish that efforts have been made to re establish himself or herself as a law abiding person. The applicant must demonstrate the risk of further criminal activity is unlikely and therefore that the person is rehabilitated.
An applicant who is criminally inadmissible under section 19 may apply for a Minister's Permit to overcome the inadmissibility. The Permit would allow the person to come into and remain in Canada for a specified period.
Usually a Minister's Permit is issued to a person who represents a minimal risk to Canadian society and has a compelling need to come into or remain in Canada. Permits are more likely to be issued in family class cases and where there are national interest considerations. Rarely will a Minister's Permit be issued in the case of serious criminality or in a non family class case unless there are compelling national interest considerations outweighing any potential risk to Canadian society.
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