If you’re planning to visit family or friends in Canada during the holiday season, it’s important to understand Canada’s rules around criminal admissibility. Even offences that seem minor or harmless in another country can result in you being denied entry at the Canadian border. 

Canada applies strict immigration laws to non-citizens with a criminal record. In some cases, people are refused entry not because of serious crimes, but because of how those offences are treated under Canadian law. 

This blog explains how Canada assesses criminal inadmissibility, which “minor” offences can cause problems, and what options may be available to overcome inadmissibility. 

How Canada Assesses Criminal Inadmissibility 

Canada does not simply look at how serious an offence was in your home country. Instead, immigration officers compare the offence to Canadian law. 

An offence can make you criminally inadmissible if: 

• It was a crime in the country where it occurred, and 
• It has an equivalent offence under Canadian law at the time it was committed. 
  

You may be found inadmissible even if: 

• You were only charged and not convicted, or 
• Your case is still pending. 
  

Canada recognizes both minor and serious criminal offences for immigration purposes. The key factor is how the offence is classified under Canadian law. 
 
Criminality vs. Serious Criminality 

Criminality 

You may be found inadmissible due to criminality if: 

• You were convicted anywhere in the world of an offence that would be considered an indictable offence in Canada, or 
• You were convicted of two separate offences that would be treated as summary offences in Canada, or 
• You committed an act outside Canada that was illegal there and would be an indictable offence under Canadian law. 
  
  

Serious Criminality 

You may be inadmissible for serious criminality if: 

• You were convicted in Canada of an offence punishable by 10 years or more in prison, or received a sentence of more than six months, or 
• You were convicted or committed an act abroad that would be punishable by 10 years or more in prison under Canadian law. 
  

Summary offences are considered less serious, similar to misdemeanours, while indictable offences are more serious and comparable to felonies. Hybrid offences, which can be prosecuted either way, are always treated as indictable offences for immigration purposes. 

Minor Offences That Can Still Cause Inadmissibility 

A single minor offence usually does not make someone inadmissible. However, you may be refused entry if you have: 

• One major non-serious offence, 
• Two or more minor offences, or 
• Even one hybrid offence. 
  
  

Some examples of offences that may lead to criminal inadmissibility include: 

• Theft or fraud under $5,000, such as shoplifting, credit card misuse, forgery, or embezzlement 
• Vandalism, including graffiti, damaging property, or breaking fixtures 
• Trespassing at night, especially loitering near a residence without a lawful reason 
• Indecent acts in public, such as public nudity or similar behaviour 
• Failure to appear in court after receiving a summons or notice 
• Causing a disturbance, including fighting, shouting, or public intoxication 
• Animal cruelty, including causing unnecessary suffering or involvement in animal fighting 
• Uttering threats, such as threatening harm to people, property, or pets 
• Taking a vehicle without consent, even temporarily and without intent to steal 
  
  

Because of these rules, travellers are strongly advised to assess their admissibility before arriving at the Canadian border. 

Why Checking Your Admissibility Matters 

Before travelling, it’s important to determine how your offence translates under Canadian law. This involves comparing the foreign offence to the Canadian Criminal Code as it existed at the time of the offence. 

Many travellers seek professional advice to avoid unexpected refusals at the airport or land border, especially during busy holiday periods. 

Options to Overcome Criminal Inadmissibility 

There are three main ways to overcome criminal inadmissibility and gain entry to Canada: 

1. Deemed Rehabilitation 

Deemed rehabilitation applies automatically if enough time has passed since you completed all parts of your sentence, including fines, probation, or jail time. 

You may qualify if: 

• You only have summary offences on your record 
• Your offence is classified as non-serious criminality 
• At least five years have passed since completing your sentence for summary offences 
• At least ten years have passed for indictable offences 
  

If deemed rehabilitated, the covered offences no longer affect your admissibility. 

2. Temporary Resident Permit (TRP) 

A TRP allows temporary entry into Canada if you have a compelling reason to travel and the benefit of your visit outweighs any public safety risk. 

Common reasons include: 

• Family weddings or funerals 
• Urgent business travel 
  
  

TRPs are discretionary. If an officer is not convinced your reason is compelling, you may still be refused entry. If approved, you must leave Canada when the permit expires. 

Only certain travellers, such as U.S. citizens and permanent residents, can apply for a TRP directly at a port of entry. 

The processing fee for a TRP application is $246.25. 

3. Criminal Rehabilitation 

Criminal rehabilitation is a permanent solution but often takes more than a year to process. Because of long processing times, it is usually not practical for last-minute holiday travel. 

Final Thoughts 

If you’re planning to travel to Canada during the holidays and have any criminal history, even for minor offences, it’s best to assess your situation well in advance. Understanding how Canada views your offence can help you avoid delays, refusals, or the stress of being turned away at the border.