Criminal inadmissibility in Canada is governed by the Immigration and Refugee Protection Act (IRPA), administered by Immigration, Refugees and Citizenship Canada. It applies to both foreign nationals (non-citizens and non-permanent residents) and, in some cases, permanent residents. Under section 36 of the IRPA, a person may be found inadmissible if they are involved in certain criminal conduct either in Canada or abroad.

Serious criminality generally includes offences such as convictions in Canada carrying a maximum penalty of 10 years or more, or sentences exceeding six months, as well as equivalent offences committed outside Canada. Criminality may also apply where a person has been convicted of indictable offences, multiple offences, or acts that are considered crimes both in Canada and in the country where they were committed. These rules ensure that serious criminal conduct is assessed consistently for immigration purposes.

There are important legal exceptions and protections. For example, hybrid offences are treated as indictable offences in immigration law, which can increase consequences. However, inadmissibility may not apply if a valid pardon, record suspension, or certificate of rehabilitation has been granted. Certain youth offences and minor regulatory offences are also excluded. At Anwar Immigration Law Office, we help clients understand these complex rules and develop strong legal strategies to address or overcome criminal inadmissibility concerns.