If you’re planning to visit your loved ones in Canada over this holiday season, it’s important to know that even less serious blemishes on your record can see you denied entry to the country.
Non-citizens with a criminal record, even if consisting of seemingly low-level offences, may be turned away at the border on the basis of criminal inadmissibility.
Immigration officers assess how offences committed abroad map to Canadian law—so even if your crime was considered “minor” overseas, that may not be the case in Canada.
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In this article, we’ll cover
- How Canadian authorities evaluate criminal inadmissibility;
- Examples of “minor” offences that might block your entry; and
- The options available to you to potentially overcome criminal inadmissibility.
How Canada assesses criminal inadmissibility
Before we get into some “minor” offences that can make you inadmissible, it’s important to understand how offences are assessed and categorized in Canada.
An offence results in criminal inadmissibility only if it was considered a crime in the country where it occurred and has an equivalent offence under Canadian law at the time it was committed.
You can be found criminally inadmissible for having committed, been charged with, or convicted of an offence. Even having pending charges can result in criminal inadmissibility.
In Canada, you can be found criminally inadmissible for both “minor” and serious crimes.
Canada’s inadmissibility framework relies on the legal severity of an offence, as defined by Canadian law, to determine whether it constitutes “criminality” or rises to the level of “serious criminality.”
Criminality
You can be found inadmissible to Canada due to criminality if you
- Were convicted anywhere in the world of an offence that would be treated as an indictable offence in Canada, or of two separate offences that would be considered summary offences; or
- Engaged in conduct outside Canada that was illegal in that country and would constitute an indictable offence under Canadian law.
Serious criminality
You may be deemed inadmissible for serious criminality if you
- Were convicted in Canada of an offence punishable by 10 years or more in prison, or received a prison sentence exceeding six months; or
- Were convicted abroad, or committed an act abroad, that would be punishable by a 10-year or longer prison term in Canada.
Summary offences (or non-indictable offences) are considered less serious, similar to misdemeanours in the US, while indictable offences are more serious and comparable to US felonies.
Canada’s legal system includes hybrid offences, and for immigration purposes, these are always treated as indictable offences.
Minor offences that may result in criminal inadmissibility
You can be criminally inadmissible on account of non-serious criminality for either a single major offence or two minor offences.
A single minor offence will generally not render you criminally inadmissible.
So, if you’ve racked up at least one major non-serious offence, two minor offences, or even a single hybrid offence, you may be turned away from Canada this holiday season.
Below are a few examples of qualifying offences:
- Theft and fraud under $5,000: This may include offences such as credit card misuse or forgery, shoplifting, or embezzlement.
- Vandalism (“mischief under $5,000”): Acts that cause low-level damage, such as keying a car, spray painting graffiti, or breaking someone’s windows or fixtures.
- Trespassing at night: Between the hours of 9 p.m. and 6 a.m.—and with no lawful excuse—loitering or prowling near someone’s residence.
- Indecent acts: Committing an indecent act in public in a public place (or in any place with the intent to insult or offence) in the presence of one or more persons, such as public nudity, public fornication, or public self-gratification.
- Failure to appear in court: Having received an appearance notice or summons and failing to appear at the time and place stated, without lawful excuse.
- Causing a disturbance: Engaging in activities in or near a public place and causing a disturbance through acts such as fighting, shouting obscenities, or being drunk.
- Animal cruelty: Willfully causing or permitting (as the owner) unnecessary suffering or injury to an animal, or in any manner aiding, promoting, or receiving money for the fighting or baiting of animals.
- Threatening assault: Uttering threats to cause death or bodily harm to another person, to burn or damage/destroy personal property, or to kill or injure their pet.
- Taking a vehicle without consent: This means taking a motor vehicle or vessel without consent, having the intention to drive, use, navigate, or operate it—or being a knowing occupant.
Canada's classification of DUIs
Driving Under the Influence (DUI) may or may not be classified as a summary conviction in Canada, depending on when the act was committed (and the circumstances surrounding the offence). Legislative amendments in December 18, 2018, reclassified DUIs as a serious criminal offence under Canadian law. Prior to this date, they were less serious.
Because Canada assesses a foreign offence based on how it equates to Canadian law at the time it was committed, a DUI (with no aggravating factors) committed before December 18, 2018, may be classified as a summary offence, while DUIs committed after this date will be classified as indictable offences—and thereby will likely result in being barred entry into Canada.
If you’re planning to visit Canada over the holidays, it’s best that you assess your admissibility to Canada before arriving at the border to reduce risk of being turned away.
You can do so by checking your offence’s equivalent crime under Canadian law at the time the offence was committed—for example by cross-referencing criminal law in your country against the Criminal Code of Canada.
Many visitors choose to retain an immigration lawyer for these purposes, not just to help them assess the equivalent Canadian offence, but also to help them pursue avenues to overcome criminal inadmissibility.
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Overcoming criminal inadmissibility
There are three primary avenues to overcome criminal inadmissibility and gain entry into Canada, even if you have a criminal record. These include
- Obtaining a Temporary Resident Permit (TRP);
- Applying for criminal rehabilitation; or
- Seeing if you qualify for deemed rehabilitation.
Your best bet this close to the holidays is the deemed rehabilitation route (if you meet the requirements), or a TRP—only if you’re eligible to apply for one at a port of entry (land, sea, or air). US citizens and permanent residents are the only ones eligible to request a TRP at a POE.
This is because criminal rehabilitation applications can take over a year to be processed by the immigration department, and TRP applications not submitted at a POE can take anywhere from three to six months, on average.
Deemed rehabilitation
Deemed rehabilitation is not a formal application, but rather automatically applies if enough time has passed since all aspects of your crime have been completed (jail time, probation, fines, etc.). It is only a viable option for those with summary offences on their record if
- At least five years have passed since completing your sentence (summary-offence specific);
- For indictable offences, you must wait 10-years following sentence completion to be eligible for deemed rehabilitation.
- You have only summary offences on your record; and
- Your offence was classified as non-serious criminality.
If you have been deemed rehabilitated, the specific offences included in your rehabilitation no longer affect your admissibility to Canada.
It’s wise to check if you qualify for deemed rehabilitation before heading to the border. You can do this by getting assessed by your local Canadian embassy, high commission, or consulate.
TRPs
To be granted a TRP for temporary entry, you must have a compelling reason to enter Canada—and this reason must outweigh the risk you pose to Canadian public safety.
Some common examples include attending significant events (such as family weddings or funerals) or conducting necessary business in Canada.
TRPs are issued at the discretion of Canadian immigration officials reviewing your case, so if the reviewing officer does not consider your need for entry to be compelling, you risk being turned away at the border.
If you are granted a TRP, you must leave Canada once it expires (and if it cannot be extended).
The processing fee for a TRP application is $246.25.
Schedule a Free Legal Consultation with the Cohen Immigration Law Firm