Criminal Inadmissibility to Canada: Rehabilitation and Temporary Resident Permits Explained

A past criminal record does not necessarily close the door to entering or remaining in Canada, but it can create real obstacles. People who have been convicted of an offence, in Canada or abroad, are sometimes surprised to learn that this can make them criminally inadmissible, even years later. This article explains what criminal inadmissibility means under the Immigration and Refugee Protection Act, and the two main pathways that may help a person overcome inadmissibility: criminal rehabilitation and a temporary resident permit.

What does it mean to be criminally inadmissible to Canada?

Criminal inadmissibility is dealt with under section 36 of IRPA. In broad terms, a person may be inadmissible for “serious criminality” or for ordinary “criminality,” depending on the nature of the offence and the sentence involved. Inadmissibility can arise from convictions in Canada as well as from conduct or convictions outside the country, provided the foreign offence would also be an offence if committed here. This is why an offence that may seem minor in another country can still create difficulties at the Canadian border. What matters is generally how the conduct would be treated under Canadian law, not only how it was treated where it occurred.

Does impaired driving still cause inadmissibility?

Impaired driving is one area where the law has become stricter. Changes to Canada’s impaired driving laws increased the maximum penalties for these offences, and as a result, impaired driving is now generally treated as serious criminality for immigration purposes. One practical consequence is that people who might once have relied on the passage of time to resolve their inadmissibility can no longer necessarily do so for these offences. This makes it especially important to get advice about impaired driving convictions, whether they occurred in Canada or abroad.

What is deemed rehabilitation?

In some cases, enough time may have passed since a person completed their sentence that they are considered “deemed rehabilitated” and no longer inadmissible on the basis of that offence. Whether this applies depends on factors such as the nature of the offence, the number of offences, and how much time has passed. Deemed rehabilitation does not apply to every offence, and it generally does not apply where the offence is treated as serious criminality. Because the rules are technical, it is wise to confirm whether deemed rehabilitation is available rather than to assume it.

What is criminal rehabilitation?

Criminal rehabilitation is a formal application to the Canadian government asking to be found rehabilitated, so that a past offence no longer makes a person inadmissible. Where an application is approved, the inadmissibility arising from the offences covered is generally resolved on a permanent basis, provided the person does not reoffend. Applicants are usually eligible to apply once a set period has passed since they completed all parts of their sentence, including any custody, probation, and payment of fines. These applications require careful documentation, and processing can take time, so it is generally best to begin well in advance of any planned travel.

What is a temporary resident permit?

A temporary resident permit, issued under section 24 of IRPA, may allow a person who is otherwise inadmissible to enter or remain in Canada for a specific period and purpose. It is generally used where a person has a compelling reason to come to Canada and where the need to enter is considered to outweigh any risk. Unlike rehabilitation, which addresses the inadmissibility itself, a temporary resident permit is a temporary measure. It can be a useful option where a person is not yet eligible for rehabilitation, or where they need to travel before an application can be processed.

Which option is right for a given situation?

The most suitable pathway depends on the details of each case, including the offence, the sentence, how much time has passed, and why the person needs to come to or stay in Canada. In some situations, more than one option may be available, while in others only one may be realistic. Because these applications are detailed and the consequences of a refusal can be significant, many people find it helpful to get advice before choosing a route and preparing the supporting materials.

Frequently Asked Questions (FAQs)

Can an old conviction still keep me out of Canada?

It can. Criminal inadmissibility does not necessarily expire on its own, particularly for offences treated as serious criminality, so it is generally worth confirming your status before travelling.

Does a foreign conviction count?

It may. A conviction outside Canada can create inadmissibility where the conduct would also be an offence under Canadian law.

How long do I have to wait to apply for criminal rehabilitation?

Eligibility generally opens once a set period has passed since you completed every part of your sentence. The exact period depends on the offence, so it is best to confirm the timing for your case.

Is a temporary resident permit permanent?

No. A temporary resident permit is issued for a limited period and purpose and does not, by itself, resolve the underlying inadmissibility.

Contact Salloum and Company

If you are dealing with any of the situations described in this article, it is generally best to get advice early, before important deadlines pass or decisions are made that are difficult to undo. At Salloum & Company, our Edmonton team advises clients on both criminal defence and immigration matters, and we understand how closely the two can be connected. We aim to give clients clear and practical advice about their options, without guaranteeing any specific outcome, so that they can make informed decisions with a full understanding of what is at stake. Confidential consultations are available. To discuss your situation with a member of our team, please contact Salloum and Company. Contact our Edmonton team today to get clear and practical advice.