Overview of Principal Offences Leading to Criminal Rehabilitation Applications

Driving Offences Involving Alcohol or Drugs
Driving-related offences, particularly those involving alcohol or drugs, are the most common reasons for criminal inadmissibility. These offences can include various terms depending on the situation and jurisdiction:

DUI (Driving Under the Influence)
DWI (Driving While Impaired/Intoxicated)
DWAI (Driving While Ability Impaired)
DWUI (Driving While Under the Influence)
OWI (Operating While Intoxicated)
OUI (Operating Under the Influence)
OMVI (Operating a Motor Vehicle While Intoxicated)

A conviction for any of these offences typically leads to a finding of criminal inadmissibility, resulting in denial of entry at the Canadian border, whether arriving by land or air.

Reckless Driving
Although reckless driving is often viewed as a preferable alternative to a DUI, both can result in criminal inadmissibility. Similar to reckless driving, dangerous driving can also hinder one’s ability to enter Canada. Serious driving violations can pose barriers to legal entry, regardless of whether the individual intends to drive in Canada.

Fraud
Fraud encompasses a range of offences aimed at unlawfully depriving another party—whether an individual or organization—of their rightful possessions. Theft falls within this category, with Canadian immigration authorities assessing the severity based on the nature of the theft and the stolen amount. Theft under $5,000 is considered non-serious, while amounts exceeding this threshold may qualify as serious criminality. Aggravating factors, such as using a weapon or violence during the theft, can elevate the seriousness of the offence.

Fraudulent activities, like using a revoked or cancelled credit card, can also lead to inadmissibility. Actions that involve deceit, such as knowingly issuing a bad cheque, similarly carry the risk of being deemed inadmissible.

Assault
Various forms of assault can render an individual inadmissible to Canada. Assault encompasses a spectrum of physical and verbal altercations, from violent threats to premeditated acts of violence. Most incidents of assault typically lead to criminal inadmissibility. The assessment may consider factors like the use of a weapon and any inflicted bodily harm, with serious assaults (involving weapons or injury) facing stricter scrutiny.

Individuals with a history of serious or non-serious assault may be viewed as security risks by Canadian immigration authorities, increasing the likelihood of a determination of inadmissibility.

Drug Offences
Charges or convictions related to drug offences can also result in criminal inadmissibility. This includes:

Consumption
Possession
Purchase
Sale or distribution

The severity of the offence can vary based on the context and the type of drug involved. Canadian law classifies drugs into different schedules, impacting the perceived seriousness of the offence. For instance, possession of marijuana is treated differently than possession of cocaine, with the latter being considered a more serious crime due to its potential for harm.

Factors influencing the consequences of drug offences on admissibility include:

The type of drugs involved
The quantity in question
The nature of the action taken regarding the drugs

The strategies for addressing or overcoming criminal inadmissibility can differ significantly, with their success largely depending on the specific circumstances surrounding the offence.