How To Enter Canada With a Prior Conviction

Many Americans are surprised to find out they cannot enter Canada if they have a criminal record. Agents of the Canada Border Services Agency (CBSA) can check your identity before entering by plane, car, or on foot. If border agents find that you have an inadmissible criminal history, they can deny entry.

An attorney can help with a record suspension or show individual rehabilitation. Contact a criminal law attorney to find out if you have a criminal conviction that will stop you at a Canadian port of entry.

Understanding Criminal Inadmissibility to Canada

You cannot cross the Canadian border if you’ve been convicted of “serious criminality,” Stuart G. Friedman says. Friedman understands living on the border of Canada. The criminal defense and immigration attorney now works out of Southfield, Michigan, but had previously been in Buffalo and Detroit.

Friedman remembers days in downtown Detroit when he used to order takeout lunches from restaurants in Canada. “It was that casual a border,” he recalls. “Then, things became significantly more difficult.”

A member of the Criminal Lawyers Association in Canada, Friedman has provided legal services to Canadians seeking waivers to enter the U.S., either temporary or permanent. Friedman also helps Americans appealing to visit Canada who have been barred from doing so by the Canadian government.

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Canadian Law Treats Some Crimes More Seriously Than U.S. Law

“Article 36 of Canada’s Immigrant and Refugee Protection Act (or IRPA) says you’re not admissible if you’ve been convicted of two or more acts of ordinary criminality, or one act which has been committed within the last 10 years,” he says. “Ordinary criminality refers to people who are convicted of what Canada would call ‘indictables’ and we would say are felonies.”

Canada takes some crimes more seriously, including driving under the influence (DUI) and domestic violence. Some criminal offenses that are misdemeanors in the U.S. — such as assault and DWI — are considered felony indictable offenses under Canadian law.

Three Ways a Lawyer Can Help You Visit Canada if You Have a Criminal Conviction

There are primarily three different ways in which a criminal defense attorney can help you visit Canada:

1. Setting aside a criminal conviction
2. Application for deemed rehabilitation
3. Apply for a temporary or permanent resident permit

Setting Aside a Criminal Conviction

If you get your conviction set aside, you will most likely be admissible, Friedman says. “Canada will probably recognize and respect it. I had one guy with six felony convictions who turned his life around and they were fine with it,” he says.

However, don’t assume anything with Canadian immigration, even if you think your in the clear. Immigration officers could accept more serious crimes but not admit you with a reckless driving offense.

“If this is the first time you’re going there — say, on a business trip with your colleagues — I would run to the border ahead of time or find a reason to go separately, because it can take up to two hours,” Friedman says.

“You also don’t want to take a late flight into Canada if you have cloudy admissibility issues. They don’t want to detain you, nor do they want to let you in, so they’ll be driven to send you on the first flight back home. My recommendation is to get there early, or fly into a border city like Detroit, Buffalo, or Bellingham and cross by car. If you have to get more pieces of paper to establish your admissibility, you can drive back to the U.S. to a quick print shop, get what you need and then go back to the border,” he says.

“Another tip I tell people who are convicted is to always keep a copy of your file. You have the burden of proof, not them.”

Application for Criminal Rehabilitation

You can navigate applying for rehabilitation through the Canadian consulate on your own, but Friedman often recommends a lawyer.

“The requirements for application for rehabilitation are that five years have passed since your last conviction and strong proof of rehabilitation,” he says. “It takes about 18 months to get one, and, unlike the U.S. counterpart, the I-192, it is good for life, and it is good for different types of entries.”

“For Canada, once you show rehabilitation, it’s a one-stop shop — it’s good for everything. If you want to marry a Canadian citizen and move there, that’s great. If you live in a border community and you like to visit a park, that’s fine, too, and you never have to come back.”

Getting a Temporary Resident Permit

If you can’t do rehabilitation because not enough time has passed, Friedman suggests exploring a resident permit. Formerly called a minister’s permit, the temporary resident permit (TRP) can allow U.S. citizens into Canada for a short visit period, an extended stay, or even regular visitation.

“For example, I did one for a friend who was going to be a bridesmaid at a wedding in Toronto and had a DUI,” Friedman says. “It was issued at the border, took about three hours, and wasn’t a big deal. It can be done on your own or with a lawyer.”

The biggest tip Friedman has for these is “a cover letter that explains what you were convicted of, when you were convicted of it, why you’re no longer that person, why you want to go and why you won’t be a danger to the Canadian public.”

Friedman likens these decisions to the rulings on obscenity: They’ll know it when they see it. But it’s in the “compelling reason” sphere where he says a legal advocate could make a difference. If it’s work-related, for example, it can help to show that your employer knows about your past and has been OK with it. And if it’s something you have struggled with, like alcoholism, showing that you have sought out counseling and continue to do so can also help.

Get Legal Advice for Canadian Entry With a Criminal Conviction

However, do not try to do it on your own, and after a denial, then turn to a lawyer to make it better. “You’ve now got all the bad entries in the system, and a new agent will go back to see they previously said ‘no.’ They’re going to look at your file with an inkling of saying ‘no,’ and it’d be an uphill battle,” Friedman says.

“Be as honest and upfront as you can,” he adds. “They will try to work with you. Most of them, I have found, are straight shooters. Trying to pull a fast one is not going to impress anybody.”

A prior criminal record can stop you from entering Canada, even if it happened a long time ago. Getting a permit, expungement, or rehabilitation can ensure you can go to Canada without getting turned away by immigration officials. Instead of leaving it up to chance at the border, talk to a criminal defense lawyer about your options.