If you’re convicted of a criminal offence outside of Canada, you may be inadmissible to Canada. This means that without appropriate applications and documentation, you may not be allowed to enter. The criminal offence that you may have been a part of would be equivalent to something in Canadian law, which is how applications for exceptions and inadmissibility are judged, for instance, Criminal Rehabilitation or Temporary Resident Permit.
This article will highlight a list of crime groupings that may make you inadmissible to Canada. While being extensive, this list is by no means complete. If you’ve ever been convicted of a crime or have been arrested, you can only ensure successful entrance through an approved Criminal Rehabilitation application or Temporary Resident Permit. If you’re in Winnipeg, you are advised to seek legal guidance and representation by consulting a criminal defence lawyer. This would amplify the chances of a successful application, ultimately increasing your chances of entry.
1. Offences Against Public Order
DUIs and other offences related to driving will be perceived as indictable offences. These offences will be categorized to be criminal, creating substantial obstacles to admissibility in Canada.
2. Offences That Could Involve Violence
Homicide and vehicular manslaughter are considered as serious and major crimes. Additionally, assaults, domestic violence, and hit-and-runs are perceived as non-serious and hybrid offences as long as no bodily injury is involved.
3. Offences Involving Drugs
Possession of drugs for consumption or intent to distribute are hybrid offences, the severity of which depends on the illegality of the drug in question. While trafficking is a serious crime, possession in large quantities is also considered quite serious.
4. Offences Involving Weapons
In simple words, you
cannot carry a weapon in Canada. If a police officer sees an individual
carrying an item, he automatically perceives it as dangerous, leading you to
receive a criminal charge.
5. Offences Against The Administration of Law
Disobeying the court of
law and failure to appear in the court are non-serious, hybrid offences. While
resisting an officer is just a hybrid offence, it is only seriously criminal if
it consists of a weapon.
6. Sexual Offences
The possession or access to child pornography and sexual assault are hybrid offences, the severity of which depends on the specific case. The distribution and production of child pornography are indictable offences.
7. Invasion of Privacy
Stalking is considered a hybrid offence, the seriousness of which depends on a particular case. Moreover, computer-related crimes are summary offences unless no life is put in danger.
8. Offences Against The Family
Until there is no
bodily injury involved, domestic violence is perceived as a non-serious, hybrid
offence.
9. Offences Against Property
Theft of items or shoplifting under $5,000 is perceived as a summary offence. However, an amount greater than it deems this offence and criminal with severe punishments.
10. Fraud And Other White Collar Crimes
Usually, white-collar crimes are non-violent crimes that are financially motivated and are committed by government officials and businesses. These crimes depend on the specific case with respect to the seriousness of criminality.
Need help regarding this? Contact us. We, at Gerri Wiebe, have top Winnipeg lawyers who are available to help you if you’re charged with a crime.