Are you an American citizen who was recently denied entry to Canada while attempting to cross the border? Were you told that you were “inadmissible for criminality” and that you were “not allowed to enter Canada for 2, 3, 4, or even up to ten years?”
Many Americans are often stunned to discover that they are inadmissible to Canada for offenses that are just misdemeanors in the United States. Examples that our office has recently dealt with include:
- Negligent driving in Washington State (easily the most common reason that an individual is denied entry);
- Fishing off limits in Alaska;
- Trespassing in Nevada;
- Reckless driving in Wisconsin;
- Possession of cocaine in Oregon;
- and the list goes on and on.
You Have Options
If you have been denied entry into Canada because of a criminal record, or if you are wary of even attempting to cross because you believe that you will be denied entry, then it is important to know that you always have options.
Our offices regularly assists individuals who have been told that they are inadmissible to Canada.
Amongst the services that we can help you with include:
- Determining whether you were actually “convicted”. Many people mistakenly think that if they were sentenced for an offense, then they must have also convicted. This, however, is not always the case. It is important to note that Canadian border officials often do not have your full criminal record. They know you were charged with an offense. They may even know that you were convicted.
Section 122 of the Immigration and Refugee Protection Act states:
122. (1) No person shall, in order to contravene this Act,
(a) possess a passport, visa or other document, of Canadian or foreign origin, that purports to establish or that could be used to establish a person’s identity;
(b) use such a document, including for the purpose of entering or remaining in Canada; or
(c) import, export or deal in such a document.
The consequence of being found guilty of s. 122(1)(a) is liability to conviction on indictment of up to a term of imprisonment of a maximum of 5 years. The average sentence winds up ranging from 4 months – 2 years imprisonment. It is rare for a conditional sentence to be imposed.
The consequence of being found guilty of ss. 112(1)(b)-(c) is conviction on indictment to a term of imprisonment of up to 14 years.
An additional, and important, consequence, is that if you are convicted of an offense under s. 122 of IRPA, then you will be inadmissible to Canada for at least five years.
Read more ›
If you have a s. 34(2) Application for Ministerial Relief being processed then you need to read this. The Federal Court of Appeal (the “Court”) has just released a ruling that has turned this area of the law upside down, and that will likely result in your application being rejected. You need to contact your immigration consultant or lawyer to discuss the implications of this case.Read more ›
I have previously written that criminal convictions for foreign offenses can result in individuals being inadmissible to Canada. I was recently asked what the implication of charges or pending charges that have not yet been adjudicated.Read more ›
An individual who has been convicted of offense outside of Canada needs to determine what the equivalent offense would be in Canada.Read more ›
People issued removal orders often want to know how long they can stay in Canada before they have to leave, and if there is a chance to defer removal.Read more ›
People applying for a Canadian permanent resident visa are regarded to undergo medical examinations. Many people with certain conditions are understandably apprehensive about how these examinations will impact their ability to immigrate. In this post, I hope to provide an overview about the issue of “excessive demand on health or social services,” which is probably the medical evaluation component that causes the most misconceptions.Read more ›
Section 35 of the Immigration and Refugee Protection Act (the “IRPA“) provides that:
Human or international rights violations
35 (1) A permanent resident or a foreign national is inadmissible on grounds of violating human or international rights for
(a) committing an act outside Canada that constitutes an offence referred to in sections 4 to 7 of the Crimes Against Humanity and War Crimes Act;
(b) being a prescribed senior official in the service of a government that, in the opinion of the Minister, engages or has engaged in terrorism, systematic or gross human rights violations, or genocide, a war crime or a crime against humanity within the meaning of subsections 6(3) to (5) of the Crimes Against Humanity and War Crimes Act; or
(c) being a person, other than a permanent resident, whose entry into or stay in Canada is restricted pursuant to a decision, resolution or measure of an international organization of states or association of states, of which Canada is a member, that imposes sanctions on a country against which Canada has imposed or has agreed to impose sanctions in concert with that organization or association.
Sections 4 to 7 of the CAHWCA
Hence, pursuant to s. 35(1)(a) of the IRPA, a permanent resident or a foreign national is inadmissible to Canada on grounds of violating human or international rights for committing an act outside Canada that constitutes an offence referred to in sections 4 to 7 of the Crimes Against Humanity and War Crimes Act (the “CAHWCA”).
Section 4 of the CAHWCA includes genocide, a crime against humanity and war crimes.
Crimes against humanity means murder, extermination, enslavement, deportation, imprisonment, torture, sexual violence, persecution or any other inhumane act or omission that is committed against any civilian population or any identifiable group and that,Read more ›
People who either face removal or who have received a removal order should contact a lawyer immediately to determine what their options are. The purpose of this post is to provide an overview of the legislative scheme for deferring removal orders. It provides a general framework, and cannot substitute the advice that a lawyer can give when he applies these facts to your situation.Read more ›
Are you an individual who has served in the government, the public service, the military, or the judiciary of a government that might have engaged in human rights or international rights obligations? Are you considering traveling to, working in, or immigrating to Canada? If you answer yes to either of these questions, you will definitely want to read on to determine whether your application could be in jeopardy.Read more ›
Please note that none of the information on this website should be construed as being legal advice. As well, you should not rely on any of the information contained in this website when determining whether and how to apply to a given program. Canadian immigration law is constantly changing, and the information above may be dated. If you have a question about the contents of this blog, or any question about Canadian immigration law, please contact the Author.
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