The Immigration and Refugee Protection Act governs who is allowed to come to (or remain in) Canada. For the purposes of this section, the law has two aspects to it. It details who is “inadmissible on grounds of criminality”, and later on in the law, it covers the various offenses for those who are alleged to have broken the law. It may be surprising to know that these offenses apply to both foreigners as well as Canadian citizens. What follows is a brief overview of these two sections.
Inadmissibility on grounds of criminality classifies acts as either:
(1) Serious criminality;
(2) Criminality; or,
(3) Organized criminality.
Having engaged in Serious criminality, a permanent resident or a foreign national is inadmissible to come to or remain in Canada.
Serious criminality includes:
(1) having been convicted in Canada of either an offence punishable by ten years, or of an offence for which a term of imprisonment of more than six months has been imposed;
(2) having been convicted of an offence outside Canada that, if committed in Canada, would be punishable by a maximum term of imprisonment of at least ten years; or,
(3) committing an act outside Canada that is an offence in the place where it was committed and that, if committed in Canada, would constitute an offence punishable by a maximum term of imprisonment of at least ten years.
Engaging in Criminality covers lesser offences and applies only to foreign nationals. A foreign national is inadmissible on grounds of criminality for:
(1) having been convicted in Canada of a serious offence, or of two less serious and separate offenses;
(2) having been convicted outside Canada of an offence that, if committed in Canada, would be considered a serious offence, or of two less serious and separate offences;
(3) committing an act outside Canada that is an offence in the place where it was committed and that, if committed in Canada, would constitute a serious offence;
(4) committing, on entering Canada, an offence to the Immigration and Refugee Protection Act.
And finally, engaging in Organized criminality makes a permanent resident or a foreign national inadmissible if he is:
(1) a member of an organization that is believed to be or to have been engaged in organized criminal activity anywhere in the world;
(2) engaging, in the context of transnational crime, in activities such as people smuggling, trafficking in persons or money laundering.
Sections 117 and the sections that follow, set out numerous offences for those who break the Immigration and Refugee Protection Act.
Offenses such as Organizing entry into Canada, Human Smuggling, and Trafficking in persons, carry very severe penalties. These can be as serious as a
$1,000,000 fine and/or life in prison.
Steven Slimovitch is extremely knowledgeable as regards the Immigration and Refugee Protection Act. He has defended numerous people accused of offences with very positive results. In addition he has given numerous opinions to immigration lawyers as to which foreign crimes render an individual inadmissible.