The rules surrounding criminal inadmissibility to Canada are complex and viewed by many as quite strict. It would be easy to view the legalization of Marijuana in Canadian law on October 17, 2018, as a green light to anyone who has previous marijuana convictions on their record, but this is unfortunately not the case.
Foreign marijuana convictions could still make you criminally inadmissible to Canada, and the implementation of the new Cannabis Act actually means they could be treated more seriously than they were before. This is also the case for drug-impaired driving offenses.
So, if you’re planning on visiting Canada with a marijuana conviction, you’ll need to make sure you have a good grasp of the rules and obtain any special permissions that are necessary well in advance.
Let’s get into the details.
What Type of Offenses Make You Criminally Inadmissible to Canada?
Before we get into the specifics surrounding marijuana-related convictions, let’s revisit what exactly makes someone criminally inadmissible to Canada according to the Immigration and Refugee Protection Act (IRPA):
- Inadmissibility on the grounds of Serious Criminality – Committing or having been convicted of an act outside of Canada that, if committed in Canada, would be punishable by a maximum term of imprisonment of 10 years or more.
- Inadmissibility on the grounds of Criminality – Committing or having been convicted of an act outside of Canada that, if committed in Canada, would be punishable by way of indictment OR having been convicted outside Canada of any two offenses not arising out of a single occurrence (summary or indictable).
Similar rules also apply to foreign nationals who have committed criminal acts inside Canada and are seeking to reenter, but this article will focus on foreign nationals who have foreign convictions.
As a result of the new Cannabis Act, all foreign marijuana offenses are now indictable. This means even a single conviction on your record could trigger criminal inadmissibility.
Canadian Marijuana Laws
In the old Controlled Drugs and Substances Act, marijuana possession in small amounts was considered a summary offense in Canada (roughly equivalent to a misdemeanor). This meant that a single foreign conviction for this type of offense would not necessarily have led to you being deemed criminally inadmissible to Canada.
The passing of the new Cannabis Act meant that the possession of under 30g of dried cannabis was made legal within Canada as long as it was purchased from a licensed dispensary. However, it is still illegal to possess any amount of “illicit cannabis” – marijuana that was produced or sold illegally without the proper licenses.
When it comes to foreign convictions, the Canadian immigration authorities will judge your criminal record based on the equivalent Canadian law, and for marijuana possession convictions, that usually means the “possession of illicit cannabis” law.
It’s a “hybrid offense,” which means it can be treated either as a summary or indictable offense and has a maximum potential punishment of 5 years less a day imprisonment. When determining criminal admissibility, Canadian law states that hybrid offenses should always treated as indictable offenses.
Entering Canada with a Marijuana Possession Conviction
Here’s what this means in terms of entering Canada with this type of offense on your criminal record:
- If you have even a single foreign marijuana possession conviction on your record from after October 2018, you would likely be deemed criminally inadmissible to Canada, as it is now an indictable offense. The three ways to overcome this and avoid being denied entry are to obtain a Temporary Resident Permit, Criminal Rehabilitation, or Deemed Rehabilitation.
- This kind of simple possession offense does not fall under the category of ‘serious criminality’ as the maximum punishment is less than 10 years imprisonment, so you could still be deemed rehabilitated automatically after 10 years. However, this does not apply if you have more than one conviction.
Production, Trafficking, Sale, or Distribution of Marijuana
If you have been convicted of more serious marijuana-related offenses, they will likely fall into the category of ‘serious criminality’, as according to the equivalent Canadian laws, they can still be punished by a maximum term of imprisonment of 10 years or more. This tends to coincide with felony drug offenses in the United States.
Here are some of the most common examples from the new Cannabis Act, each of them having a maximum potential punishment of 14 years imprisonment:
- Distributing Illicit Cannabis
- Possession of Illicit Cannabis for the Purpose of Selling or Distribution
- Importing or Exporting Cannabis
- Possession of Illicit Cannabis for the Purpose of Exporting
- Production, Manufacturing, Cultivation, Propagation or Harvesting of Illicit Cannabis
If you have been convicted of the equivalent of any of these more serious marijuana-related crimes outside of Canada, you would be deemed criminally inadmissible to Canada and also would not be eligible for Deemed Rehabilitation.
The only two ways to overcome this kind of criminal inadmissibility and avoid being denied entry are to apply for and obtain either a Temporary Resident Permit or Criminal Rehabilitation.
Dogen Law has years of experience offering efficient, personalized guidance to those with criminal records who wish to enter Canada. If you want to obtain a Temporary Resident Permit or start a Criminal Rehabilitation application, our team can review your unique situation and seamlessly guide you through the application process. Get in touch today to request a free assessment of your case.
Drug Impaired Driving Offenses
If you’re trying to enter Canada with a criminal record, the seriousness of your past offenses is judged according to the equivalent Canadian criminal code rather than the laws of the country in which you were convicted. As a result, the changes to impaired driving laws in Canada in December 2018 mean it’s now much harder to get in if you have previous convictions for driving under the influence of alcohol or drugs (including marijuana).
The maximum sentence for these crimes increased from 5 years to 10 years imprisonment, which moved them into the “serious criminality” category. As a consequence, anyone who has been convicted of them is automatically criminally inadmissible to Canada, and cannot enter without first obtaining a Temporary Resident Permit or Criminal Rehabilitation.
If you have a single conviction of this type from before December 2018, there is still a third option available – “grandfathered” Deemed Rehabilitation – which means you will automatically become admissible again once 10 years have passed since the date you completed all sentencing requirements that were imposed on you.
Overcoming Criminal Inadmissibility
The two main routes to overcoming criminal inadmissibility have already been mentioned numerous times, but what are they, how do they compare, and how do you get them?
Temporary Resident Permit (TRP)
A TRP is more of a temporary fix – it gives you permission to enter Canada for a specific period of time, for a specific (compelling) reason. This could be to go to a certain work event such as a conference, or to attend a family wedding or funeral, for example.
You can apply for a TRP regardless of how much time has passed since your conviction.
Processing Time – Anywhere from a few hours if applying at the border to 8 months if applying in advance.
Processing Fee – The TRP processing fee is $229.77 CAD and is non-refundable, even if your application is unsuccessful.
Criminal Rehabilitation
Criminal Rehabilitation is a much more permanent fix – if granted, your previous criminal history will no longer be a relevant factor when determining your admissibility to Canada (as long as you do not pick up any additional convictions).
5 years must have passed since you completed all the sentencing requirements imposed on you for your last conviction in order to submit a Criminal Rehabilitation application. This includes payment of fines and any probation, parole, or community service requirements.
Processing Time – Anywhere from 6 months to 2 years.
Processing Fee – The Criminal Rehabilitation processing fee is $229.77 CAD for non-serious criminality and $1,148.87 CAD for cases that involve serious criminality (where the equivalent crimes in Canada could be punished by 10 years or more imprisonment).
These fees are non-refundable, even if your application is unsuccessful.
How Dogen Law Can Help
Working with Dogen Law to overcome your criminal inadmissibility means gaining access to experienced and licensed lawyers in both Canada and the United States. We’ll help you assess your situation, gather the correct documentation, complete application forms, and submit your request for a TRP or Criminal Rehabilitation.
With the help of a reputable immigration law firm like Dogen Law, overcoming criminal inadmissibility becomes a smooth process and has a higher chance of success. Get in touch today by completing our online assessment to see if you are eligible.
