Refused entry to Canada: Offenders or accused persons

A criminal conviction in Canada has much the same effect as a conviction outside Canada – both lead to being considered criminally inadmissible to Canada.

There is a common misconception that any sentence for an offence committed in Canada will simply be served in Canada. Unfortunately, a conviction in Canada can lead to a finding of criminal inadmissibility.

Who is refused entry to Canada

While for an offence committed outside Canada an individual is considered inadmissible from the moment they are charged, this does not apply to offences committed in Canada.

Offences committed in Canada only make an individual inadmissible once there is an actual conviction, and not before. This is due to the wording of the Immigration and Refugee Protection Act, which distinguishes between “committing an act” that constitutes an offence and a conviction for an offence.

When a person is charged outside Canada with committing an act that constitutes an offence, they immediately become inadmissible, whereas an actual conviction is required before an offence committed in Canada leads to inadmissibility.

Resolving inadmissibility to Canada permanently

Although criminal rehabilitation is the application to be submitted in order to resolve inadmissibility for an offence committed outside Canada, a different process must be followed where there is a conviction in Canada. This process is known as a record suspension, and it is similar to criminal rehabilitation, as the application focuses on much the same aspects.

In both types of application, the focus is on how the individual has improved themselves since the offence and is therefore unlikely to reoffend in the same way. The eligibility periods differ somewhat, however, as a person may apply for a record suspension 5 years after completing the sentence for a summary conviction offence, or 10 years after completing the sentence for an indictable offence.

This distinction does not exist for criminal rehabilitation, and in every case the individual is eligible to apply 5 years after completing the sentence.

Resolving inadmissibility to Canada temporarily

The appropriate action to take is the same, whether the offence took place inside or outside Canada. Before an individual is eligible for a record suspension, in order to remain in Canada lawfully, or to enter Canada if they are trying to return after a previous conviction in Canada, they must apply for aTemporary Resident Permit (TRP).

Apart from the different periods during which the only way to remain in Canada lawfully is through a TRP, as opposed to a record suspension or criminal rehabilitation, the general TRP rules still apply.

Read more on the government website athere.