Understanding Canada’s strict immigration laws is essential for anyone with a criminal past seeking to enter Canada. Under the Immigration and Refugee Protection Act, even minor criminal offenses can result in someone being considered criminally inadmissible when attempting to cross the Canadian border.
This guide details which specific criminal convictions typically lead to an individual being deemed criminally inadmissible to Canada and examines how these determinations are made by immigration officers. From understanding hybrid offenses to exploring Temporary Resident Permit and Criminal Rehabilitation options, this guide is essential for anyone concerned that their criminal history might prevent them from legally entering Canada.
Canadian Criminal Inadmissibility Rules
To find out if the crimes on your record are ones that will make you inadmissible to Canada, you need to compare them to equivalent local laws. The final decision on which Canadian laws will be treated as equivalent to the crimes on your record will be made by immigration officers, but you, or a Canadian immigration lawyer working on your behalf, can usually get a pretty clear picture beforehand.
Here’s what Canada’s Immigration and Refugee Protection Act (IRPA) states:
- Inadmissibility on the grounds of Serious Criminality – If someone has been convicted of an act outside of Canada that, if committed in Canada, could be punishable by a maximum term of imprisonment of 10 years or more.
- Inadmissibility on the grounds of Criminality – If someone has 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 summary offenses not arising out of a single occurrence.
This means Canada’s entry requirements are extremely strict when it comes to foreign nationals with a criminal history. Almost all common convictions, whether misdemeanor or felony, would usually make someone automatically criminally inadmissible to Canada.
It’s important to note that these rules do not apply to Canadian citizens. In addition, permanent residents of Canada can only be found inadmissible to Canada on the grounds of serious criminality (crimes punishable by a maximum of 10 years or more imprisonment); less serious crimes usually don’t affect their ability to enter.
Canadian Offense Classifications
Canada classifies criminal offenses into three categories:
- Summary Offense (less serious)
- Indictable Offense (more serious)
- Hybrid Offense (can be tried either way)
The majority of offences in the Canadian Criminal Code are hybrid, including many that may be treated as more minor in the United States (e.g. minor assault, DUI, theft under $5,000).
Section 36(3)(a) of IRPA states that for the purposes of immigration, hybrid offenses should always be deemed to be an indictable offense.
This means that even a single misdemeanor in the US is likely to make you criminally inadmissible to Canada, because most are equivalent to hybrid offenses in Canadian law, and will therefore be treated as if they were indictable offenses.
Common Equivalent Criminal Offenses in Canada
| U.S. Offense | Canadian Equivalent | Classification in Canada | Immigration Impact |
| DUI / DWI / OUI / DWAI / Wet Reckless | s. 320.14 – Impaired Driving | Hybrid | Inadmissible – Serious Criminality |
| Simple Assault | s. 266 – Assault | Hybrid | Inadmissible |
| Domestic Violence | s. 266/272 – Assault or Sexual Assault | Hybrid / Indictable | Inadmissible |
| Theft (under $500 / petty theft) | s. 334(b) – Theft under $5,000 | Hybrid | Inadmissible |
| Shoplifting | s. 334(b) – Theft under $5,000 | Hybrid | Inadmissible |
| Possession of a controlled substance | s. 4(1) CDSA – Possession | Hybrid | Inadmissible |
| Vandalism / Criminal mischief | s. 430 – Mischief (under $5,000) | Hybrid | Inadmissible |
| Disorderly conduct | s. 175 – Causing a Disturbance | Summary Only | Not inadmissible if only one |
| Trespassing | s. 177 – Trespassing at Night | Summary Only | Not inadmissible if only one |
| Resisting arrest | s. 129(a) – Obstructing a Peace Officer | Hybrid | Inadmissible |
| Public intoxication | Provincial / local bylaw equivalent | Summary Only | Not inadmissible if only one |
| Reckless driving | s. 320.13 – Dangerous Operation | Hybrid | Inadmissible –Serious Criminality |
| Possession of drug paraphernalia | No longer a crime (repealed 2018) | Not a crime | Not inadmissible |
| Harassment / Stalking | s. 264 – Criminal Harassment | Hybrid | Inadmissible |
| Fraud (under $500) | s. 380(1)(b) – Fraud under $5,000 | Hybrid | Inadmissible |
| Loitering | Often not criminal in Canada / may be summary | Summary Only | Not inadmissible if only one |
| Obstructing police | s. 129(a) – Obstructing Peace Officer | Hybrid | Inadmissible |
| Carrying a concealed weapon | s. 90 – Carrying a Concealed Weapon | Hybrid | Inadmissible |
| False report to police | s. 140(1) – Public Mischief | Hybrid | Inadmissible |
| Criminal trespass with intent | s. 349 – Break and Enter (if intent proven) | Indictable | Inadmissible |
| Driving while suspended | Provincial or s. 320.18 – Driving while prohibited | Hybrid | Inadmissible |
| Indecent exposure | s. 173 – Indecent Acts | Summary / Hybrid | Possibly inadmissible if hybrid |
| Tagging / Graffiti | s. 430 – Mischief (under $5,000) | Hybrid | Inadmissible |
| Prostitution (soliciting) | s. 213 – Communicating for Purpose of Sex Work | Summary | Not inadmissible if only one |
| Unlawful assembly | s. 63 – Unlawful Assembly | Summary | Not inadmissible if only one |
Criminality vs Serious Criminality – What’s the Difference?
| Criminality (IRPA s. 36(2)) | Serious Criminality (IRPA s. 36(1)) | |
| Who it applies to | Foreign nationals only | Foreign nationals and permanent residents |
| Type of offense | Hybrid or indictable with max penalty < 10 years | Any offense or act with max penalty ≥ 10 years imprisonment |
| Threshold for inadmissibility | Any 1 indictable (including hybrid) OR 2 summary convictions | 1 conviction or act equivalent to Canadian offence punishable by ≥ 10 years imprisonment |
| Rehabilitation eligibility | Usually*+ eligible to be Deemed Rehabilitated automatically after 10 yearsEligible for Criminal Rehabilitation application after 5 years | Not eligible for Deemed RehabilitationEligible for Criminal Rehabilitation application after 5 years |
| Criminal Rehab application fee | $239.75 CAD | $1,199 CAD |
| TRP (Temporary Resident Permit)? | Generally easier to obtain | Available but with higher scrutiny and a lower chance of approval |
| Waiver or TRP duration | Can be issued for up to 3 years | Usually issued for shorter durations, case-by-case |
| Applies to PRs? | No – permanent residents are not inadmissible under s. 36(2) | Yes – PRs may be denied entry or removed from Canada under s. 36(1) |
| Can affect PR status? | No | Yes – may lead to loss of PR status |
Inadmissibility on Security or Human Rights Grounds
Besides criminal inadmissibility, a foreign national can also be deemed inadmissible to Canada if they are assessed as posing a significant security threat to the country, or if they have committed or been complicit in gross human rights violations abroad. This includes:
- Espionage or subversion against democratic governments
- Terrorism or participation in terrorist activities
- Membership in organizations with known involvement in terrorism
- Advocating for or promoting violence or terrorism
- War crimes
- Crimes against humanity
- Genocide
- Torture
For more information on other forms of inadmissibility based on medical issues, financial reasons, misrepresentation or association with organized crime (such as people smuggling or money laundering), see our article here.
Overcome Criminal Inadmissibility to Canada
Temporary Resident Permit (TRP)
A Temporary Resident Permit (TRP) is a short-term solution for individuals with a DUI conviction who wish to visit Canada for a specific purpose. This permit allows you to overcome the inadmissibility caused by your criminal conviction(s) for a specified duration of time. They can be applied for either in advance or directly at the Canadian border.
Dogen Law can assist you in determining your eligibility for a TRP, guide you through the application process, and ensure that all necessary documents are prepared accurately. With a TRP, you can confidently plan your visit to Canada and temporarily address your inadmissibility.
Criminal Rehabilitation
Criminal Rehabilitation is a much more permanent solution for those seeking entry into Canada with a criminal record. By demonstrating that you’ve undergone a positive transformation and rehabilitation since your offense(s), you can once again become permanently admissible to the country as if you had no criminal record at all.
To start the application process, 5 years must have passed since you completed all sentencing requirements for your last crime, including any probation, parole, or driving bans.
Our team at Dogen Law can help you navigate the complex requirements of the Criminal Rehabilitation application process. We’ll work with you to compile a strong application that showcases your commitment to leading a law-abiding life and gives you the best possible chance of success.
Deemed Rehabilitation
Deemed Rehabilitation allows foreign nationals with certain criminal convictions to be considered rehabilitated by the passage of time rather than a more formal application process. This means certain individuals with minor criminal records can become automatically admissible to Canada once either 5 or 10 years have passed since they completed the sentence for their crimes.
This option is not available to those with serious criminality on their record, including DUIs after 2018 and other impaired-driving offenses.
If you think you qualify for Deemed Rehabilitation and live in the US, you can travel to a Canadian Port of Entry and ask to be assessed by a Canadian immigration officer free of charge, without prior arrangement.
You will need to bring along evidence relating to your claim of being rehabilitated.
How Dogen Law Can Help
Navigating inadmissibility issues without professional guidance can be difficult and might lead to unsuccessful applications or border crossings. An experienced Canadian immigration lawyer will be able to accurately determine if you’re actually inadmissible, identify the most appropriate course of action for your situation, and then build compelling applications that adequately address immigration officers’ concerns.
Investment in professional legal advice often saves people time and money in the long run by avoiding failed applications or unnecessary delays.
At Dogen Law, we have extensive experience helping Americans with past criminal convictions enter Canada. If you have a criminal record and believe you may be denied entry, please contact us today to learn more about your options.
