Pending criminal charges can prevent you from entering Canada. In our previous blog posts, we have introduced the topics of criminality and serious criminality. We also talked about how they affect your ability to enter Canada. A foreign national would be deemed inadmissible if they had been convicted of, or committed certain crimes in another country. The conviction clause is quite self-explanatory. However, what does ‘committing an act’ mean when it comes to entering Canada?
Arrest reports and pending criminal charges
If an officer has credible information a person has committed an offence outside Canada, they can deem the person inadmissible. This can happen even if no conviction for the act has occurred. This credible information could be in the form of an arrest report. It could also be through the applicant’s own admissions in an interview.Types of information could include:
- Charges laid
- Outstanding warrant
- Pending charges
- Pending or ongoing trial
For example, a person scheduled to stand trial for assault in the United States wants to enter Canada for a vacation. If the officer becomes aware of the trial, the person would be deemed inadmissible.The offence took place, even if the conviction was not registered. Therefore, the border officer would still bar entry.
Can I enter Canada with a pending criminal charge?
Unfortunately, it is not possible to enter Canada with a pending criminal charge. You cannot enter until your case is resolved. However, if you are convicted there will be options down the road, such as Temporary Resident Permit (TRP) or Criminal Rehabilitation. Of course, if there is a not-guilty verdict your inadmissibility will disappear.If you have any further questions about this topic or any other, please feel free to contact us toll-free at 1-866-972-7366.
