If you are planning to travel to Canada this holiday season to visit family or friends, it is very important to understand Canada’s border rules. Even offences that seem minor or old can cause problems when you try to enter the country.
Canada has strict laws about who is allowed to enter. If you are not a Canadian citizen and you have a criminal record, border officers may refuse you entry. This can happen even if the offence was not serious, happened many years ago, or was considered minor in your home country.
Canadian immigration officers do not simply look at how your offence was treated. Instead, they compare it to Canadian law. If your offence matches a crime under Canadian law, you may be considered criminally inadmissible.
Today, we will discuss some minor offences that may deny entry to Canada this holiday season.
So, without further ado, let us begin!
How Canada Decides Criminal Inadmissibility?
Before looking at the minor offenses that may deny entry to Canada, let us understand how Canada decides whether someone is inadmissible because of a criminal record.
Well, an offence can lead to criminal inadmissibility only if:
- It was a crime in the country where it happened; and
- It was an equivalent offence under Canadian law at the time it was committed.
You can be found criminally inadmissible even if:
- You were only charged but not convicted;
- You have pending charges; or
- You committed the act but were never formally convicted.
Canada does not separate crimes into “minor” and “major” the same way other countries do. Instead, it looks at how serious the offence is under Canadian law.
Canadian law divides crimes into two main categories for immigration purposes – Criminality and 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
- Committed an act outside Canada that was illegal in that country and would be an indictable offence under Canadian law.
Serious Criminality
You may be considered inadmissible for serious criminality if you
- Were convicted in Canada of an offence that can carry a prison sentence of 10 years or more, or if you received a sentence of more than six months; or
- Were convicted outside Canada, or committed an act outside Canada, that would be punishable by 10 years or more in prison under Canadian law.
Summary offences are considered less serious. They are similar to misdemeanours in the United States. Indictable offences are more serious and are similar to felonies in the United States.
Canada also has hybrid offences. These can be treated as either summary or indictable in criminal court. For immigration purposes, Canada always treats hybrid offences as indictable. This makes them more serious when deciding admissibility.
Minor Offences That Can Still Block Entry
Many people believe that only serious crimes will stop them from entering Canada. This is not always true.
You can be criminally inadmissible because of non-serious criminality if you have:
- One major non-serious offence;
- Two minor offences; or
- Even one hybrid offence.
A single minor offence will usually not make you inadmissible. However, having two minor offences or one offence treated as indictable can be enough to stop you at the border.
This means that even offences people often think are “small” can cause problems.
Below are some examples of offences that may lead to criminal inadmissibility:
Theft And Fraud Under $5,000:
This includes shoplifting, credit card misuse, forgery, or embezzlement involving smaller amounts.
Vandalism (“Mischief Under $5,000”):
This can include acts like breaking windows, spray painting graffiti, or damaging property such as cars or fences.
Trespassing At Night:
Being near someone’s home between 9 p.m. and 6 a.m. without a lawful reason.
Indecent Acts:
Acts such as public nudity, public sexual acts, or other actions meant to offend others in a public place.
Failure To Appear In Court:
Not showing up to court after receiving a summons or notice, without a valid reason.
Causing A Disturbance:
Fighting, shouting, being very drunk, or acting in a way that disturbs people in a public place.
Animal Cruelty:
Causing harm or suffering to an animal, or being involved in animal fighting or baiting.
Threatening Assault:
Making threats to hurt or kill someone, damage property, or harm a person’s pet.
Taking A Vehicle Without Consent:
Using or riding in a car or boat without the owner’s permission, even if it was not stolen permanently.
Canada’s View On DUIs
Another one of the minor offences that may deny entry to Canada is the DUI.
Well, Driving under the influence (DUI) in Canada can be treated differently depending on when it happened and the details of the offence.
On December 18, 2018, Canadian law changed. After this date, DUIs became serious criminal offences. Before this change, DUIs were considered less serious.
Moreover, Canada looks at a foreign offence based on Canadian law at the time the offence was committed. This means a DUI with no serious factors that happened before December 18, 2018 may be treated as a summary offence. However, a DUI committed after December 18, 2018 is treated as an indictable offence and will likely lead to being refused entry to Canada.
If you plan to visit Canada during the holidays and have a DUI on your record, you should be very careful.
Canada treats impaired driving offences seriously. Even a single DUI can make you criminally inadmissible, depending on when it happened and how it compares to Canadian law at that time.
Before travelling, it is best to check how your DUI offence compares to the Canadian Criminal Code for the year the offence occurred.
Many travellers hire an immigration lawyer to help them understand whether their offence makes them inadmissible and what options they may have.
Ways To Overcome Criminal Inadmissibility
Even if you are criminally inadmissible, you may still have options to enter Canada. There are three main ways to overcome criminal inadmissibility:
- Obtaining a Temporary Resident Permit (TRP);
- Applying for criminal rehabilitation; or
- Qualifying for deemed rehabilitation.
If you are travelling soon for the holidays, criminal rehabilitation may not be realistic because it takes a long time to process. In these cases, deemed rehabilitation or a TRP may be better options, if you qualify.
Only US citizens and US permanent residents can apply for a TRP directly at a port of entry (land, air, or sea).
Deemed Rehabilitation
Deemed rehabilitation is not something you apply for. It happens automatically if enough time has passed since you completed your sentence.
This includes jail time, probation, and payment of fines.
Deemed rehabilitation may apply if:
- At least five years have passed since sentence completion for summary offences
- At least 10 years have passed since sentence completion for indictable offences
- You only have summary offences on your record
- Your offence is considered non-serious criminality
If you are deemed rehabilitated, the offences covered no longer affect your ability to enter Canada.
Before travelling, it is a good idea to confirm whether you qualify for deemed rehabilitation. You can do this by contacting a Canadian embassy, high commission, or consulate.
Temporary Resident Permits (TRPs)
A TRP allows you to enter Canada for a limited time even if you are inadmissible.
To receive a TRP, you must show a strong reason for entering Canada. The immigration officer must believe that your reason is more important than any risk you may pose to public safety.
Examples of strong reasons include:
- Attending a close family member’s wedding or funeral;
- Visiting a seriously ill relative; or
- Important business travel.
TRPs are not guaranteed. Approval depends completely on the officer reviewing your case. If the officer does not find your reason convincing, you may be refused entry.
If you receive a TRP, you must leave Canada when it expires unless it is extended.
The fee for a TRP application is $246.25.
MakeHomeCanada, a Canadian immigration leader, promises excellence and tailored pathways for your Canadian journey. Get in touch with us at [email protected].
