Understanding Offences in Canada

Understanding Offences in Canada and  Impact on Entry  on visitors and  Non-Citizen

When planning a trip to Canada, it’s crucial for non-citizen to be aware of how criminal offences can affect their ability to enter the country. Canada has strict regulations that can bar entry to individuals with certain criminal records, depending on the severity and nature of the offence. This article explores the types of offences in Canada, the implications for non-citizens, and steps that can be taken if one’s entry is denied due to a criminal record.

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Types of Offences in Canada

Canada categorizes offences into three main types: summary conviction offences, indictable offences, and hybrid offences.

1. Summary Conviction Offences: These are considered minor crimes and usually carry lighter penalties. Examples include petty theft and disorderly conduct.
2. Indictable Offences: These are more serious and include crimes such as robbery, aggravated assault, and murder. The penalties for these offences are more severe.
3. Hybrid Offences: Many offences in Canada are hybrid, meaning the prosecution can choose to treat them as either summary or indictable based on the circumstances and seriousness of the case.

Impact on Non-Citizens

For non-citizens, having a criminal record with any of these offences can impact their ability to visit or immigrate to Canada:

• Denial of Entry: Canada may deny entry to anyone with a criminal record that equates to a serious crime within Canadian law. This includes both indictable offences and hybrid offences treated as indictable.
• Inadmissibility: Non-citizens can be deemed inadmissible for criminality or serious criminality based on the crimes committed. Serious criminality includes any crime punishable by a maximum term of imprisonment of at least 10 years in Canada, regardless of the sentence received.

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Overcoming Criminal Inadmissibility

There are several avenues available for individuals deemed inadmissible to Canada due to criminal offences:

1. Temporary Resident Permit (TRP): If less than five years have passed since the completion of the sentence, or if there is a significant reason to travel to Canada, individuals may apply for a TRP. This permit is temporary and does not erase criminal history but allows for a specific period of entry.
2. Criminal Rehabilitation: After five years have elapsed since the completion of all criminal sentences, individuals may apply for criminal rehabilitation, which removes the grounds of inadmissibility by demonstrating that they are no longer a risk.
3. Deemed Rehabilitation: Depending on the offence, the passage of ten years with no subsequent offences may lead to deemed rehabilitation, although this generally applies only to less serious offences.

Legal Considerations

When facing issues related to criminal inadmissibility, it’s wise to consult with an immigration lawyer who specializes in Canadian immigration law. These professionals can provide guidance on the best approach for entering Canada, considering one’s specific circumstances.

Conclusion

Understanding the impact of criminal offences on the ability to enter Canada is crucial for all non-citizens considering visiting or moving to the country. By being aware of the types of offences and the potential for denial of entry, individuals can better prepare and seek appropriate legal assistance to address their particular situation. Whether through applying for a Temporary Resident Permit, undergoing criminal rehabilitation, or other means, there are steps that can be taken to overcome the barriers posed by a criminal record.

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