IRPA s. 36 Criminal Inadmissibility Lawyer | Serious Criminality + Rehabilitation + TRP | BridgePoint Law

IRPA s. 36 Criminal Inadmissibility · Serious Criminality · Rehabilitation · TRP

IRPA s. 36 Criminal Inadmissibility Lawyer — Serious Criminality + Rehabilitation Application

For applicants facing criminal inadmissibility under IRPA s. 36 — including serious criminality (10+ year max sentence) and ordinary criminality. We provide rehabilitation applications, deemed rehabilitation analysis, Temporary Resident Permits (TRP), and Federal Court review.

Disclosure: Ontario LSO licence. Criminal record law differs across jurisdictions; Canadian equivalency analysis is the legal core.

IRPA s. 36 Framework

Two-tier criminal inadmissibility:

  • Serious Criminality s. 36(1): convicted of offence punishable by 10+ year max sentence under Canadian law equivalency; OR sentenced to imprisonment of 6+ months
  • Criminality s. 36(2): convicted of offence(s) less serious than serious criminality; or two summary offences

Critical: Canadian equivalency. Foreign conviction is analyzed by what the offence would be under Canadian Criminal Code — not the foreign country\’s classification.

Common Foreign Convictions and Canadian Equivalents

From PRC (Mainland China)

  • Drunk driving (酒驾) → Canadian equivalent: impaired driving (Criminal Code s. 320.14) — max 10 years if hybrid offence — SERIOUS criminality
  • Tax evasion (偷税) → Income Tax Act s. 239 — max 5 years — Criminality (not Serious)
  • Brawling/assault (寻衅滋事 / 故意伤害) → assault (CC s. 266 / 267) — depending on severity, Criminality or Serious
  • Bribery (受贿/行贿) → Canadian bribery offences (CC s. 119-124) — typically Serious criminality
  • Fraud (诈骗) → CC s. 380 — typically Serious if >CAD 5,000

From USA

  • DUI → Impaired driving → since 2018 reforms, ALL DUIs are now SERIOUS criminality (no longer just summary)
  • Drug possession → Controlled Drugs and Substances Act — varies by substance and quantity
  • Domestic violence → various assault offences — typically Criminality unless aggravated

Remedies

1. Deemed Rehabilitation (Automatic, Some Cases)

For criminality (not serious): 10+ years passed since completion of sentence + no further convictions. Single non-serious offence may be deemed rehabilitated.

2. Application for Rehabilitation

For serious criminality (or before 10-year deemed): file IMM 1444 application after 5 years from sentence completion. Demonstrate: (a) no further criminal involvement; (b) stable life circumstances; (c) genuine rehabilitation. Processing 12-18 months.

3. Record Suspension (formerly Pardon)

For Canadian convictions: apply via Parole Board of Canada. Available 5-10 years after sentence completion depending on offence.

4. Temporary Resident Permit (TRP)

For urgent humanitarian travel during inadmissibility — granted at officer discretion for compelling reasons (medical, family, business).

High-Risk Categories

Pre-2018 DUI convictions (US, Canada, foreign) — now treated as SERIOUS criminality. Many applicants with old DUIs face inadmissibility surprises. We provide:

  • Canadian equivalency analysis (foreign offence → Canadian Criminal Code)
  • Rehabilitation application drafting
  • TRP application for urgent travel
  • Federal Court judicial review if refused

FAQ

I have a DUI from 10 years ago — am I inadmissible to Canada?

Since 2018 Bill C-46 reforms, ALL DUIs (Canadian and foreign equivalent) are now SERIOUS criminality. Pre-2018, DUI could be Criminality (less serious). Now: 10 years rehabilitation period applies + Application for Rehabilitation required. Many applicants with old DUIs face inadmissibility surprises at the border.

My Chinese conviction was “酒驾 / drunk driving administrative penalty” — is that criminal?

Depends on Chinese classification. If it was a “刑事 criminal” conviction in China (criminal court, 拘役 detention or 有期徒刑 imprisonment), it is treated as criminal in Canada via equivalency. If it was “行政处罚 administrative penalty” (公安局 PSB suspension only, no court), it may not be a “conviction” for IRPA s. 36 purposes. Equivalency analysis is fact-specific.

Can I get TRP for business travel during inadmissibility?

Yes for compelling business reasons. TRP requires demonstrating: (a) significant Canadian business interest at stake; (b) low risk to Canadian public; (c) limited duration. Common: 30-day TRPs for board meetings, conference attendance, urgent commercial matters. Officer discretion.

Related Hubs

Three-Disciplinary Disclosure

  1. Ontario LSO licence only. US bar 2027 expected.
  2. No PRC law licence — Shanghai cooperating firm.
  3. Not registered as financial advisors.

Contact

Phone: (613) 417-1850 | Book consultation