On March 1, 2013, the Supreme Court of Canada (the “SCC“) in R v. J.F., clarified the elements of the offence of conspiracy. The decision has immigration implications because people who have been convicted of conspiracy may be inadmissible to Canada. Section 465 of Canada’s Criminal Code criminalizes the offence of conspiracy. Conspiracy is a form of inchoate… Continue Reading
Category Archives: Criminal Inadmissibility
Questions About the Electronic Travel Authorization Initiative
Since my blog post on Friday I’ve received several questions about the Electronic Travel Authorization initiative revealed in the second 2012 Budget Implementation Act. The most common question was how much it will cost a person to apply to the program. The Government of Canada has not yet announced how much it will charge applicants… Continue Reading
Useful Rehabilitation Decision
It’s not often that you see a Federal Court decision specifically discussing whether an officer’s decision to reject an Application for Criminal Rehabilitation was reasonable. That’s why I read the just released decision in Hadad v. Canada (The Minister of Citizenship, Immigration, and Multiculturalism), 2011 FC 1503, with much interest. The case affirmed several important… Continue Reading
R v. Topp, Fines, and Criminal Inadmissibility
An individual who is criminally inadmissible to Canada will be eligible to apply for rehabilitation after five years have passed since the individual completed his/her sentence. A sentence can include imprisonment, a fine, or probation. Next to probation, the payment of a fine is a type of sentence that can significantly extend a person’s… Continue Reading
Plea Bargaining and Canadian Immigration
The test for determining whether an individual is inadmissible to Canada is closely inter-twined with the criminal justice system of every country that that person has lived in. The determining factor for whether an individual is inadmissible to Canada or not is whether the person was convicted. It is not what the sentence was. Our… Continue Reading