Relevant criminal code in the Criminal Code of Canada
Ricardo, a citizen of Italy, was married to a Canadian and together they had a son. Unfortunately, the marriage didn’t work out so Ricardo went back to his home country of Italy. As a result of not maintaining his Canadian residency he lost his status as a permanent resident of Canada pursuant to 46 (1) (b) of IRPA.
Ricardo returned to Calgary often to visit his son and took him on various hunting trips to reconnect. Upon entering Canada 5 years ago, he neglected to declare a hunting rifle for his son which used to be his father’s. The officer discovered the firearm and questioned Ricardo regarding his intentions of importing the gun. Feeling embarrassed and irresponsible, Ricardo explained to the officer that he didn’t realize he was committing an offence and that it would never happen again. Despite Ricardo’s explanation, his case was referred to the Immigration Division. Ricardo was arrested and charged with a summary conviction. He paid a fine and was returned to his home country. Ricardo did nothing about this conviction.
Five years later, Ricardo attempted to return to Calgary for his son’s wedding. He applied for an Electronic Travel Authorization (e-TA), but it was denied. What does Ricardo need to do to come to Canada for his son’s wedding?
address the following:
1. Find the relevant criminal code in the Criminal Code of Canada
2. Specify the inadmissibility act imposed
3. Explain why Ricardo is not allowed to enter Canada
4. Ricardo has retained you for your advice. He wants to know if it would be possible for him to return to Canada for the wedding. What advice would you give him? Which application(s) would he need to submit in order to overcome his inadmissibility?
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Ricardo’s Case Study
The case of Ricardo provides one of the grounds in which a foreign national may not be admitted in Canada. In specific, Ricardo was charged with a summary conviction and returned to his home country. The relevant criminal code in the Criminal Code of Canada is the Immigration and Refugee Protection Act (S.C. 2001, c. 27). In specific, the criminal code is related to section 36 (2) which focuses on the inadmissibility of a foreign national (Justice Laws Website, n.d).
The inadmissibility act imposed is that of criminality as provided for under section 36(2) (a) of the Immigration and Refugee Protection Act. In specific, this section provides that a foreign national may be inadmissible for entry into Canada on the grounds of criminality if such a person has been convicted in Canada of an offence under an act of parliament that can be punished by indictment. Notably, indictment; in this case, is both summarily or by way of actual indictment.
Ricardo is now allowed to enter Canada because he was returned to his home country after having been charged with a summary conviction. Based on Canadian law, such a person; as a foreign national, is inadmissible unless he receives a pardon or satisfied the Minister that he has been rehabilitated. As a foreign national, Ricardo may be allowed to enter Canada because of his past criminal record.
It is possible for Ricardo to return to Canada for the wedding of his son. However, he will need to overcome his inadmissibility by applying for rehabilitation. Additionally, he can also apply for record suspension of his inadmissibility (Canada Border Services Agency, n.d). Also, Ricardo can overcome the inadmissibility by convincing the immigration officers that he meets the legal requirements of being deemed rehabilitated as provided under section 36 (3) (b-d) of the Immigration and Refugee Protection Act. Finally, he can choose to apply for a temporary resident permit to attend his son’s wedding.
Canada Border Services Agency. (n.d). Inadmissibility. Retrieved from https://www.cbsa-asfc.gc.ca/travel-voyage/inadmissibility-interdiction-eng.html
Justice Laws Website. (n.d). Immigration and Refugee Protection Act (S.C. 2001, c. 27). Retrieved from https://laws.justice.gc.ca/eng/acts/i-2.5/page-8.html#h-274694