441-02438 (Foreign affairs)

Foreign nationals who are charged or convicted for an offence outside Canada are not automatically barred from entering or remaining in Canada.

Immigration officers examine foreign charges and convictions to determine if there is an equivalent offence in Canada for the act committed. If there is no equivalent offence, the individual would not be inadmissible for having committed or being convicted of that offence. For example, as there is no equivalent offence in Canada for peaceful protesting, a charge or conviction for having partaken in such activities would not make an individual inadmissible to Canada.

Where there are some similarities between the foreign law and Canadian law, a person would only be inadmissible if the underlying action is considered an offence in Canada.

Immigration officers review all applications on a case-by-case basis, considering the specific facts presented by the applicant. All inadmissibility decisions are based on evidence, which may consist of police or intelligence reports, statutory declarations or other documents, such as media articles or publicly-available information. If a police certificate is requested by the officer and the applicant declares that they are unable to obtain it, a letter may be submitted detailing why it cannot be issued.

Decision-makers are required to follow the rules of procedural fairness throughout the decision-making process. In the event that an immigration officer has concerns over the criminal admissibility of an applicant, the individual is informed and given an opportunity to provide a response to concerns about their application.

If an officer determines that an applicant is inadmissible to come to Canada, applicants may be eligible for relief, on a case-by-case basis, using mechanisms available under the Immigration and Refugee Protection Act. For example, a temporary resident permit may be issued, when justified in the circumstances, to allow an inadmissible foreign national to enter Canada.