Inadmissibility to Canada: Common Offences
As a general guideline, any act considered an offense in the country where it occurs, as well as in Canada, can potentially lead to inadmissibility to Canada.
This page outlines common offenses that may affect your ability to enter the country. However, the Canadian government offers various options to address inadmissibility challenges.
Fill out our contact form to receive a free consultation from a Millennium Immigration expert on how to navigate potential issues related to inadmissibility to Canada.
Driving Offences Involving Alcohol or Drugs
When it comes to inadmissibility, one of the most frequently encountered issues involves offenses related to driving under the influence. These offenses can vary in designation based on the specifics of the incident and the jurisdiction where it occurred.
Common terms include DUI (driving under the influence), DWI (driving while impaired), DWAI (driving while ability impaired), DWUI (driving while under the influence), OWI (operating while intoxicated), OUI (operating under the influence), and OMVI (operating a motor vehicle while intoxicated).
Such offenses often lead to a determination of inadmissibility, potentially resulting in being denied entry at the Canadian border, whether arriving by car or plane.
Reckless Driving
While a conviction for dangerous driving may be viewed more favorably than a DUI in some contexts, it still carries the same consequences regarding inadmissibility to Canada. Both offenses can result in a determination of inadmissibility, which may lead to being denied entry into the country.
Serious driving violations, including dangerous driving, can significantly impact an individual’s ability to enter Canada, even if they do not plan to drive once there. Any serious infraction on a driving record can hinder legal entry into the country.
Fraud
Fraud encompasses a range of offenses aimed at unlawfully depriving another individual or entity of their rightful property.
Theft is a prominent example of fraud. Canadian immigration authorities assess the seriousness of theft based on the value involved; for instance, theft under $5,000 is classified as a non-serious offense, while theft over this amount is deemed serious criminality. Additionally, aggravating factors like the use of a weapon, violence, or threats can elevate the severity of the offense.
Another form of fraud that can lead to inadmissibility in Canada is using a revoked or canceled credit card. This act constitutes deceit, as it involves making a payment that the user knows will not compensate the other party. Similarly, knowingly issuing a bad cheque also falls under fraud and can result in a determination of inadmissibility.
Assault
Most forms of assault can make an individual inadmissible to Canada. Assault encompasses various types of physical altercations, ranging from spontaneous bar fights to premeditated violent crimes. Regardless of the nature of the incident, assault typically leads to inadmissibility.
Mitigating and aggravating factors can influence the perceived seriousness of the assault. Key factors include whether a weapon was used and whether the victim sustained any injuries. If a weapon was involved or if bodily harm occurred, the offense is classified as serious criminality, increasing the likelihood of being deemed a security risk by Canadian immigration authorities.
Both serious assault (involving a weapon or causing injury) and non-serious assault (without a weapon or injury) can result in inadmissibility to Canada.
Drug Offences
A charge related to the consumption, possession, purchase, or distribution of drugs can render an individual inadmissible to Canada. The seriousness of the offense and its potential consequences depend on several factors, including the type of drug involved.
Drugs in Canada are classified according to different schedules in the Criminal Code, with this classification affecting the severity of the offense and the penalties associated with it. For instance, possession of marijuana is treated differently than possession of cocaine, with cocaine generally regarded as a more serious and harmful narcotic, resulting in harsher penalties.
The context of the drug offense also matters; for example, possession of a small amount of a certain drug might not lead to inadmissibility, while unauthorized distribution of the same amount could.
The impact of drug-related offenses on Canadian inadmissibility varies widely, influenced by the type and amount of drugs involved, as well as the actions taken concerning them. Different strategies exist to address or overcome these inadmissibility issues, and their effectiveness will depend on the specifics of each case.
For more information on marijuana and traveling to Canada, click here.
About THE MILLENNIUM IMMIGRATION
THE MILLENNIUM IMMIGRATION is a prominent immigration law firm in Canada, boasting over 11 years of experience and a dedicated team of more than 60 Canadian immigration attorneys, paralegals, and other professionals.
Our firm specializes in helping clients navigate inadmissibility issues. Our team of experts will assess your unique situation and prepare the strongest possible application for submission to Canadian immigration authorities.
Founded in 2013, themillenniumimmigration.com serves as our online resource, offering trusted information on immigration to Canada. Connect with us to receive the support you need for your inadmissibility concerns.