To determine whether you may be inadmissible to Canada on the basis of a past United States conviction, you, or an attorney, must consider the equivalent Canadian statute for the crime you were convicted of in the United States. This is a complex task as it involves comparing Canadian and foreign laws.
The definition of a Canadian crime can usually be found in the Canadian criminal Code or the Canadian controlled Drugs and Substances Act. We have listed the most common crimes that will snag visitors in the table below.
U.S Crimes that May Make you Inadmissible to Canada
If you were convicted of any of the offenses in this table which are considered to be hybrid or indictable offenses you will be considered criminally inadmissible to Canada.
Common Offences | Summary, Hybrid or Indictable? | Serious or non-serious for Canadian Immigration? |
---|---|---|
Driving Under the Influence (DUI) | Hybrid | Non-Serious |
Assault | Hybrid | Serious if it involves bodily injury or death |
Possession of Substance | The seriousness of the offence and the maximum sentence are dependent on the substance and the amount in possession | Non-Serious |
False Pretenses | Hybrid | Depends on circumstances |
Trespassing at Night | Summary | |
Failure to Appear | Hybrid | Non-Serious |
Contempt of the Court | Summary | Non-Serious |
Possession – Marijuana | Hybrid/Summary | Non-Serious |
Possession – Drug Paraphernalia | Does not render someone inadmissible to Canada. | |
Possession –with Intent to Distribute | Hybrid | Depends on the drug in question |
Failure to Stop at the Scene of an Accident | Hybrid | Serious if there was bodily injury or death |
Homicide by Vehicle | Indictable | Serious |
Careless Driving | Hybrid | Non-Serious |
Resisting an Officer | Hybrid | Serious if it involved a weapon |
Assault/ Battery on a Family Member | Hybrid | Serious if bodily injury is involved |
Violating Implied Consent (Alcohol Testing) | Hybrid | Non-Serious |
Disobeying Order of the Court | Hybrid | Non-Serious |
Larceny | Indictable | Non-Serious unless over $5,000 |