Visitors to Canada who have any kind of criminal record may be denied entry. Evne if you have entered Canada before, new screening procedures may lead to you being truned back. Many jurisdictions distinguish between more and less serious offences The US, for example classifies cries as either felonies or misdemeanours. Canada makes a similar distinction with indictable and summary offences, with indictable ofences being the more serious., However, quite a number of offences can be treated as either indictable or summary in Canada, depending on teh specific circumstances. This is important to know, since determination of admissibility is based on how the offence would be treated in Canada, not its status in the visitor's home state, but in Canada it can be an idictable offence.
There are three basic procedures available that can allow you to legally enter Canada if you have a criminal record. These procedures are summarized below and describe further. If a guest has committed ony ONE relatively minor offence and ten years has passed, he or she likely qualifies for Deemed Rehabilitation. This procedure is for someone who made a SINGLE MISTAKE A LONG TIME AGO.
If a guest has committed MORE than one offence or between five and ten years have passed, then he or she needs to apply for Granted Rehabilitation. Multiple or more recent offences will require a guest to go through a more formal and costly process of proving that they are rehabilitated.
Under some circumstances a guest who is likely to qualify for Granted Rehabilitation but has not yet applied may b admitted on a one-time basis through a Temporary Resident Permit. There is a fee for this permit. It is important to note that if a guest has committed a criminal offence in the last five years theri chances of gaining entry are not good.
GRANTED REHABILITATION
You can apply through a Canadian Consulate or certain border crossings to have your record examined by immigration officials. There is a non-refundable administration fee of either $1,000.00 or $200.00 Cdn, depending on the offence. If the appliation is sucessful, you will receive a letter stating that you have been Granted Rehabilitation, and you will now be allowed to enter Canada freely any time. We suggest that guests who are considerting making an appliation for Granted Rehabilitation contac the NOTO office so that we can explain the process in more detail and direct them to the best point of contact.
DEEMED REHABILITATION
Under some circumstances, you can be Deemed Rehabilitated without having to apply for Granted Rehabilitation> This procedure applies if you committed A SINGLE indictable offence that would be puished by a term of imprisonment of less than ten years (based on how the offence would be calssified in Canada) and have not committed any offences since. Ten years must have passed since the completion of the sentence, including any probation. You can also be Deemed Rehabilitated if you have committed tow or more summary offences and five years have passed since the sentences were served and no subsequent offences have been committed.
Deemed Rehabilitaion is generally determined by an immigration officer at the border crossing, although it may be possible to have a determination made in advance. There is no fee for Deemed Rehabilition; however, the information is not necessarily entered into the database, so you could be denied entry on a subsequent visit. It is possible to obtain a preliminary dertermination of wheter you are admissible under the Deemed Rehabilitated provisions in several ways.
Temporary Resident Permit
Athe theri descretion immigration officials may admit someone who does not qualify for Deemed Rehabilitation through a Temporary Resident Permit (TRP). It is normally issued for a single visit, although it is sometimes issued for a longer duration or multiple visits. There is a $200.00 Cdn administartion fee to issuing a TRP. A guest who arrives at the border and does not qualify for Granted Rehabilitation but appears to qualify for Granted Rehabilitation may be offered the option of a Temporary Resident Permit in order to complete theri trip, since the Granted Rehabilitation process takes a number of weeks to complete. It is expected that guests who plan on returning to Canada will then complete the Granted Rehabilitation Process before any subsequent trips.
WELCOME TO CANADA
These procedures make it possible to enter Canada, even if you have a criminal record. In most cases, it is better to apply in advance to determine your admissibility, and which procedure is best for you to follow. You should also be prepared with additional information on the offence to help the officer in arriving at a determination. Remember, the determination will be based on the information in the database. If there are any errors, like a charge that was dropped, you need to get those corrected in your home jurisdiction. Despite the troubled times we live in, canada is still the same friendly place to visit it has always been. The vast majority of guests still enter Canada with absolutely no problem. For those whose backgrounds may pose some difficulty, these procedures may allow them to come and enjoy what Canada has to offer.
(Used with permission from "The Ourtiffers FALL 2007", the Voice of Nature and Outdoor Tourism in Ontario)