Sep 20, 2017 – This section contains policy, procedures and guidance used by Immigration, Refugees and Citizenship Canada (IRCC) staff. The authorities have posted this information on the Department’s website as a courtesy to all stakeholders.
The authorities have provided detailed guidance on the considerations and instructions pertaining to cases featuring inadmissibility on criminality grounds in ENF 01 – Inadmissibility.
The Guidelines Pertaining to the Risk Assessment
The authorities require officers to review criminal cases. While reviewing these cases, officers will need to verify the time that has elapsed since the individual served the sentence. Doing this enables the officer to determine whether the client might be eligible for rehabilitation or can be deemed rehabilitated.
It is worth mentioning that the onus remains on the client for demonstrating their level of risk and that further criminal activity is unlikely.
While carrying out a risk assessment, officers will need to assess:
- The seriousness of the offence
- The chances of the client committing any further offences
- Any behavioural or medical factors involved in the case
- Any evidence of reform or rehabilitation
- Whether the influence of drugs, alcohol or a medical condition was a factor in the commission of the crime
- If a pattern of criminal behaviour exists e.g. the offence was a single event and out of character
- If the client has completed all the sentences, paid all the fines or made all the necessary restitution
- If there are any outstanding criminal charges against the client
- If there is any restriction of travel following parole or probation
- The eligibility for rehabilitation or a record of suspension
- The time that has elapsed since the client committed the offence and,
- Any controversy or risk that the presence of the person has caused in Canada
The Guidelines Pertaining to Frequent Travellers
In some cases, the authorities permit officers to issue a Temporary Resident Permit (TRP) that authorises re-entry into Canada. This is especially so in case the person is not eligible for obtaining relief from the Minister or has not received a record of suspension, and if circumstances warrant facilitation. The authorities typically permit officers to issue a Temporary Resident Permit (TRP) in case:
- The crime did not involve drugs i.e. the officers could exclude the simple possession of hashish / marijuana from this consideration
- The crime did not involve physical harm or violence
- The crime resulted in a suspended sentence or probation (with no jail term), unless it was the result of plea bargaining
- The crime did not involve any damage to property i.e. impaired driving resulting in an accident would not be eligible
- The person has been fulfilling the conditions while on probation (if applicable)
- There are no more than two convictions and,
- The crimes were both summary offences (i.e. arising out of one offence) and not indictable
For instance, an officer could consider granting a Temporary Resident Permit (TRP) valid for re-entry to a frequent business traveller who had been convicted of a minor criminal offence that made the individual inadmissible based on the provisions specified in A36 (2) and in case, the applicant meets the criteria outlined above.
In accordance with the provisions specified in A36 (1), the authorities will consider a permanent resident or a foreign national as being inadmissible on the grounds of serious criminality for:
- Having been convicted in Canada of an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years, or of an offence under an Act of Parliament for which the authorities have imposed a term of imprisonment of more than six months
- Having been convicted of an offence outside Canada that, in case it had been committed in Canada, would have constituted an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years or,
- Committing an act outside Canada that is an offence in the place where it was committed and that, had the crime been committed within Canada, would have constituted an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years
Similarly, in accordance with the provisions specified in A36 (2), the authorities will consider a foreign national as being inadmissible on grounds of criminality for:
- Having been convicted in Canada of an offence under an Act of Parliament that is punishable by way of indictment, or of two offences under any Act of Parliament not arising out of a single occurrence
- Having been convicted of an offence outside Canada that, in case the offence had been committed in Canada, would have constituted an indictable offence under an Act of Parliament, or of two offences under any Act of Parliament not arising out of a single occurrence that, had they been committed in Canada would have constituted offences under an Act of Parliament
- Committing an act outside Canada that is an offence in the place where it was committed and that, had the offence been committed within Canada, would have constituted an indicatable offence under an Act of Parliament or,
- Committing, after entering Canada, an offence under an Act of Parliament prescribed by regulations
The Guidelines for Frequent Travellers Who Have Not Applied for Rehabilitation Where Eligible
The authorities want officers to encourage applicants to apply for rehabilitation. In addition, they require that officers provide such applicants with the Application for Criminal Rehabilitation i.e. IMM 1444E.
It is worth mentioning that frequent travellers who repeatedly seek Temporary Resident Permits (TRPs) but have not applied for rehabilitation in spite of receiving counselling from officers about this, should not warrant any favourable consideration.
Source: Immigration, Refugees and Citizenship Canada (IRCC)
