One of the more frustrating aspects for prospective immigrants is Citizenship and Immigration Canada’s (“CIC”) general requirement that they have their non-accompanying dependants (spouses and children) undergo medical and criminal examination. The task can be taunting for those who do not have full custody of their non-accompanying children. However, CIC’s requirement is understandable in light of Canadian immigration legislation..
Ministerial Relief Exemption Requests
Foreign nationals who are found to be inadmissible to Canada on the basis of security (including espionage, subversion, engaging in terrorism, or being a member of a group that engages in terrorism), certain human and international rights violations, or organised crime can still visit or immigrate to Canada despite being inadmissible for such serious reasons if they satisfy the Minister of Public Safety and Emergency Preparedness (the “Minister“) that their entry to Canada is not contrary to Canada’s national interest. Such applications are referred to as “Ministerial Relief applications.” In assessing a Ministerial Relief application, Canadian immigration law somewhat confusingly provides that the Minister “may only take into account national security and public safety considerations, but, in his or her analysis, is not limited to considering the danger that the foreign national presents to the public or the security of Canada.” In Thomas v. Canada (Citizenship and Immigration), 2022 FC 1169, Madam Justice Heneghan affirmed that tthe Minister is required to consider whether someone is a danger to Canada. Ministerial Relief applications, previously done under ss. 34(2), 35(2), and 37(2)(a) of Canada’s Immigration and Refugee Protection Act, and now s. 42.1, have long been problematic. As the Government of Canada noted when it … Read More
Attending The 2025 Alcoholics Anonymous Vancouver International Convention with a DUI
Alcoholics Anonymous (“A.A.“) is hosting its 2025 International Convention in Vancouver from July 3-6, 2025. A.A.’s International Convention is a global gathering of A.A. members, friends, and families that occurs every five years. The event typically takes place over a weekend and features a variety of activities, including meetings, workshops, and speaker sessions focused on sharing experiences, strength, and hope related to recovery from alcoholism. The event’s FAQ currently states: Information for those who may have entry issues due to past criminal history: https://www.canada.ca/en/immigration-refugees-citizenship/services/immigratecanada/inadmissibility/overcome-criminal-convictions.html https://www.canada.ca/en/immigration-refugees-citizenship/corporate/contactircc/offices/international-visa-offices.html For general information members may also access https://www.cbsaasfc.gc.ca/menu-eng.html or contact the Border Information Service (BIS) at CBSA by calling: Within Canada Toll-free 1-800-461-9999 TTY (for those with hearing or speech impairments) 1-866-335-3237 Outside Canada Long distance charges apply 1-204-983-3500 1-506-636-5064 Press “0” to speak to an officer during regular business hours – Monday to Friday 8 a.m. to 4 p.m. (local time) excluding holidays. It further states: If travel to Canada is difficult for some U.S. members, why are we holding an International Convention in Vancouver? The Fellowship of the United States and Canada makes up the General Service Structure of Alcoholics Anonymous in North America, and functions as one entity in spirit and in … Read More
Espionage and Immigrating to Canada
Section 34(1) of Canada’s Immigration and Refugee Protection Act provides, amongst other things, that a foreign national or Canadian permanent resident is inadmissible to Canada for engaging in an act of espionage that is against Canada or that is contrary to Canada’s interests, or being a member of an organization that there are reasonable grounds to believe engages, has engaged or will engage in espionage against Canada or that is contrary to Canada’s interests. It is one of the most serious inadmissibilities in Canadian immigration law. Guidelines Immigration, Refugees and Citizenship Canada’s (“IRCC”) Enforcement Manual 2 – Inadmissibilities contains the following definitions and guidance to officers regarding how immigration officials are to determine whether someone is inadmisisble to Canada for espionage. Espionage is defined as a method of information gathering by spying; that is, the gathering of information in a surreptitious manner, secretly seeking out information usually from a hostile country to benefit one’s own country. Paragraph A34(1)(a) contains two possible allegations that could render a permanent resident or foreign national inadmissible to Canada for acts of espionage: 1. if the act of espionage is against Canada, or 2. if the act of espionage is contrary to Canada’s interests. Espionage “against Canada” … Read More
A37 – Inadmissibility for Organized Crime
Section 37 of the Immigration and Refugee Protection Act (the “IRPA“) provides that a permanent resident or foreign national is inadmissible to Canada for organized criminality. It states: 37. (1) A permanent resident or a foreign national is inadmissible on grounds of organized criminality for (a) being a member of an organization that is believed on reasonable grounds to be or to have been engaged in activity that is part of a pattern of criminal activity planned and organized by a number of persons acting in concert in furtherance of the commission of an offence punishable under an Act of Parliament by way of indictment, or in furtherance of the commission of an offence outside Canada that, if committed in Canada, would constitute such an offence, or engaging in activity that is part of such a pattern; or (b) engaging, in the context of transnational crime, in activities such as people smuggling, trafficking in persons or laundering of money or other proceeds of crime. Application (2) Paragraph (1)(a) does not lead to a determination of inadmissibility by reason only of the fact that the permanent resident or foreign national entered Canada with the assistance of a person who is involved in organized … Read More
Rehabilitation Applications
Section 36(3)(c) of the Immigration and Refugee Protection Act provides the legislative basis for rehablitation applications. It states that: 36(3)(c) the matters referred to in paragraphs (1)(b) and (c) and (2)(b) and (c) do not constitute inadmissibility in respect of a permanent resident or foreign national who, after the prescribed period, satisfies the Minister that they have been rehabilitated or who is a member of a prescribed class that is deemed to have been rehabilitated. IRCC Rehabilitation Guide The following PDF is IRCC’s United States Criminality Assessment Guide. As well, here is an internal IRCC New York memo which provides context on the number of rehabilitation applications that they receive. Where To Submit IRCC’s preference is that rehabilitation applications be submitted separate from permanent or temporary residence applications. Statistics Jurisprudence In Hadad v. Canada (The Minister of Citizenship, Immigration, and Multiculturalism), 2011 FC 1503, the Federal Court affirmed several important principles of rehabilitation applications, including that: The Minister should take into consideration the unique facts of each particular case and consider whether the overall situation warrants a finding that the individual has been rehabilitated; rehabilitation is forward looking; and an officer commits a reviewable error if they too much importance to … Read More
Authorizations to Return to Canada
Section 52(1) of Canada’s Immigration and Refugee Protection Act provides that a person who has been removed from Canada cannot return to Canada unless the person first receives specific authorization from immigration authorities. This authorization is known as “authorization to return to Canada” (an “ARC“). Whether an ARC is needed will depend on what type of removal order the person received. Types of Removal Orders Removal orders can be issued by officers at ports of entry, inland enforcement officers and the Immigration and Refugee Board’s (the “IRB”) Immigration Division. There are three types of removal orders in Canada. These are the “Departure Order,” the “Exclusion Order,” and the “Deportation Order”. A Departure Order requires that a person leave Canada within 30 days after the order becomes enforceable. Failure to do so causes the Departure Order to become a Deportation Order. Examples of where a Departure Order would occur is a permanent resident who fails to meet their residency obligation or eligible refugee claimants who are pending a deciison by the IRB. An Exclusion Order provides that the removed person cannot return to Canada for one year unless the person obtains ARC. For Exclusion Orders resulting from misrepresentation the bar is five years. … Read More
The Cost of Escorted Removals and Detentions
In May 2011, the Government Consulting Services prepared a report for the Canada Border Services Agency titled Identification and Assessment of Options for the Escort Program (Project Number: 520-1412). This blog post is a summary of that report. As the report is over 30 pages, please contact me if you want me to e-mail you a copy of the entire report. In brief, in 2010/11 the cost of escorted removals was $7.5-million dollars, with an average cost per escorted removal at $13,933.00. The estimated total time spent by the CBSA to complete escorted removals during this time was 78,160 hours. As noted in the report, the decision as to whether a foreign national’s removal will be escorted or not lies with the Inland Enforcement regional managers or supervisors who oversee removals. The assessment focuses on many factors related to determining the level of risk likely to be present during the removal such as: the person’s comportment, anticipated reaction to their return to the country of destination, the length of the trip, and/or the transit point(s), the person’s past criminal behaviour, their physical and psychological condition, and more. In some cases, a medical escort may also be provided by the CBSA. The … Read More
Inadmissibility for Terrorism or Membership in a Terrorist Group
The Federal Court of Appeal has answered a question regarding inadmissibility under s. 34 of IRPA.
Inadmissibility for Acts of Violence that Would or Might Endanger the Lives or Safety of Persons in Canada
People who immigrate to Canada are typically aware that if they are convicted of certain criminal offences that they could lose their permanent resident status. When immigrants are charged with criminal offences, immigration lawyers and criminal defense counsel will accordingly often work together to do their best to ensure that those charged do not lead to deportations. It is therefore important to note that the Canada Border Services Agency has recently taken an exceptionally strict approach to interpreting Canadian immigration legislation which could fundamentally change the immigration consequences of violent actions in Canada. The issue is now before the Federal Court of Canada. The Consequences of Criminal Records Canadian immigration legislation provides that a permanent resident is inadmissible to Canada on grounds of serious criminality if they have been convicted in Canada of an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least ten years, or of an offence under an Act of Parliament for which a term of imprisonment of more than six months has been imposed. The first thing to note about the above is that a conviction is required. A conviction is a finding by a Canadian court that a … Read More