Consequences for Foreign Nationals Convicted of Indictable Offences


A foreign national convicted in Canada of an indictable offence is inadmissible to Canada on grounds of criminality under s. 36(2)(a) of the Immigration and Refugee Protection Act. The consequences of inadmissibility for a foreign national are that she is deportable from Canada and is ineligible to become a permanent resident or to apply to enter or remain in Canada unless given an exemption by the Department of Immigration, Refugees and Citizenship Canada.

       See R. v. Moran, 2019 ONCA 217.


Immigration and Refuge Protection Act
Criminality

36 (2) A foreign national is inadmissible on grounds of criminality for
(a) having been convicted in Canada of an offence under an Act of Parliament punishable by way of indictment, or of two offences under any Act of Parliament not arising out of a single occurrence;
(b) having been convicted outside Canada of an offence that, if committed in Canada, would constitute an indictable offence under an Act of Parliament, or of two offences not arising out of a single occurrence that, if committed in Canada, would constitute offences under an Act of Parliament;
(c) committing an act outside Canada that is an offence in the place where it was committed and that, if committed in Canada, would constitute an indictable offence under an Act of Parliament; or
(d) committing, on entering Canada, an offence under an Act of Parliament prescribed by regulations.

Stuart O’Connell, O’Connell Law Group (All rights reserved to author).

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