Criminality
IRPA s.36(2)The law says
- A foreign nationalOur reading: This is anyone who is not a Canadian citizen or a permanent resident.s.2(1)
- is inadmissible on grounds of criminality forOur reading: That person is barred from Canada for a crime in the case set out below.
- Words left out here
- (b)having been convicted outside CanadaOur reading: One of those cases is a conviction for an offence outside Canada.
- of an offence that, if committed in Canada,Our reading: The test asks what that offence would be if it had happened in Canada.
- would constitute an indictable offence under an Act of ParliamentOur reading: If it would be an indictable offence under a federal law, this rule covers it.
- Words left out here
What that means
This rule is called criminality. It applies to foreign nationals, not to permanent residents. It covers a conviction, in Canada or abroad, for an offence that would be indictable here. It also covers two convictions for separate offences. It can cover an act done abroad, even without a conviction. Serious criminality is a separate rule, in s.36(1).





