The distinction between criminality and serious criminality is heavily determinative on the rehabilitation process.
For those who have a single criminal conviction, they can fall under a category of people deemed to have already been rehabilitated. For those who have been“ deemed rehabilitated,” they are able to go to a port of entry( or pre-flight clearance) and qualify for entry into Canada. This is a much quicker process than the alternative, which is to apply at a Canadian consulate / embassy, which can take upwards of 12 months to process.
Who Qualifies for Deemed Rehabilitation?
Deemed Rehabilitation is governed by Canada’ s Immigration and Refugee Protection Regulation, which provides different categories of people deemed to have been rehabilitated. It provides that if enough time has passed since the foreign national was convicted of certain crimes, they may no longer be barred from entering Canada.
It is also important to note when the criminal conviction occurred is not the only determinative factor. Another factor is understanding when the foreign national completed all the terms of the sentence.
For example:
If a foreign individual was convicted of a criminal offense that involves one year of unsupervised probation and a fine of $ 1,000 USD, even if the individual successfully completes the one-year term of unsupervised probation, they will not be deemed rehabilitated if the fine is still outstanding.
If a foreign national qualifies for Deemed Rehabilitation, it means they can make their application at a port of entry or pre-flight clearance. They do not have to wait for their application to be decided by a Canadian immigration officer and they can be granted entry, once an immigration officer finds they meet the legal terms to be deemed rehabilitated.
What Do I Do if I Don’ t Qualify for Deemed Rehabilitation?
If a foreign national does not qualify for Deemed Rehabilitation, they can still apply for rehabilitation through a Canadian consulate / embassy. For foreign nationals who have been convicted of an offense involving serious criminality, then they must apply for rehabilitation through a Canadian consulate / embassy.
Applying for rehabilitation does not only involve establishing the time that has lapsed between the successful completion of the sentence, but it also involves a multitude of different factors. These factors include“ the passage of time and through an examination of the person’ s activities and lifestyle pre and post offense.” 8
Rehabilitation does not turn on whether there“ is no risk to further criminal activity, only that the... [ risk to re-offend is ] unlikely.” 9 A reviewing officer will take into consideration a foreign national’ s“ acceptance of responsibility of the offence, evidence of remorse for the harm done, and evidence of stability in employment and family life.” 10 Other factors may be considered, but showing a foreign national has been rehabilitated is going to be key.
What if I Do Not Qualify for Deemed Rehabilitation or Rehabilitation?
Individuals with sentences that have not ended within the time period that allows for rehabilitation or Deemed Rehabilitation may be allowed to travel to Canada if they apply for and obtain what is called a Temporary Resident Permit.
Conclusion
The process of rehabilitation, whether it be applying at a port of entry or through a Canadian consulate / embassy is very complicated. It is best to consult with a Canadian Immigration Lawyer when a foreign national is thinking of traveling to Canada and has a prior criminal conviction.
1. Foreign National is defined as persons who is neither a Canadian citizen, nor a Canadian permanent resident. 2. The Highway Traffic Act, C. C. S. M. c. H60 at sec. 188( 1) &( 2)( 1985). 3. The Criminal Code of Canada, R. S. C., 1985, c. C-46, at sec. 320.14( 1)( a). 4. Government of British Columbia, Type of Offences, https:// www2. gov. bc. ca / gov / content / justice / criminal-justice / bcs-criminal-justice-system / if-you-are-accused-of-a-crime / understanding-charges / types-of-offences( Date Modified: June. 8, 2021).
5. Government of Canada, Criminal Offense, https:// www. justice. gc. ca / eng / cj-jp / victimsvictimes / court-tribunaux / offences-infractions. html( Date Modified: July. 7, 2021). 6. Ibid. 7. Canada( Minister of Public Safety and Emergency Preparedness and Gunici, Re, 2019
CarswellNat 2893, 3( Immigration and Refugee Board of Canada 2019). 8. Thamber v. Canada( Minister of Citizenship & Immigration), 2001 FCT 177, 16
( Federal Court of Canada 2001). 9. Ibid.
10. Ibid.
IS YOUR CLIENT LOOKING TO SELL OR LEASE
MISSOURI RIVER ROYALTY CORPORATION paying top dollar for mineral rights!
Please Contact Sander Kopseng at( 701)-226-6128 or at skopseng @ unitedenergycorp. com
FALL 2025 7