A pending criminal charge is not a conviction — and many people assume that since they have not been found guilty, their case will not affect their ability to enter Canada. This assumption is wrong. Under the Immigration and Refugee Protection Act (IRPA), CBSA officers can make an inadmissibility finding based on “reasonable grounds to believe” that an offence was committed — a lower standard than a criminal conviction. This guide explains the legal framework, your risk, and what options exist.
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Start Free ScreeningThe Legal Framework: IRPA s.36 and “Reasonable Grounds to Believe”
Criminal inadmissibility to Canada is governed by IRPA s.36. Most people are familiar with s.36(1) and s.36(2) as they apply to convictions — but those provisions also cover pending charges:
IRPA s.36(1)(b) — Serious Criminality
Under s.36(1)(b), a foreign national is inadmissible on grounds of serious criminality if they are charged outside Canada with an offence that, if committed in Canada, would constitute an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years — provided there are reasonable grounds to believe the offence was committed.
IRPA s.36(2)(b) — Criminality
Under s.36(2)(b), a foreign national is inadmissible on grounds of criminality if they are charged outside Canada with an offence that, if committed in Canada, would constitute an indictable offence under an Act of Parliament — again provided there are reasonable grounds to believe the offence was committed.
“Reasonable grounds to believe” is a lower legal standard than proof beyond a reasonable doubt (the criminal conviction standard). It means there is a bona fide belief based on credible evidence — in this context, the existence of charges is itself evidence that grounds the belief. The fact that you have not been convicted does not eliminate the officer's authority to make an inadmissibility finding.
What CBSA Officers Can See
CBSA officers at ports of entry have access to databases that may flag pending charges — particularly for US citizens and residents, through real-time data sharing under the Canada-US Beyond the Border agreement and through NCIC/CPIC lookups. This means:
- ⚠️ A pending charge may appear in a database query when your passport or ID is presented at the border
- ⚠️ Officers may ask directly about any criminal charges, pending or otherwise
- ⚠️ Providing false or misleading answers about your criminal history — including pending charges — is misrepresentation under IRPA, a serious offence with a 5-year bar on immigration applications
Never lie to CBSA. If asked about criminal charges or history, answer truthfully. Misrepresentation is a separate ground of inadmissibility under IRPA s.40 and can have consequences far more serious than the charge itself.
Bail Conditions and Travel Restrictions
A separate and immediate issue: if you have bail conditions from your pending charges, check whether they include travel restrictions before attempting to enter Canada.
- ✓ Many bail conditions explicitly prohibit leaving the jurisdiction, leaving the state/province, or leaving the country
- ✓ Violating bail conditions by travelling internationally is a separate criminal offence in most jurisdictions
- ✓ CBSA officers may review bail conditions you bring — conditions restricting travel are a significant red flag at the border
Review your bail conditions with your criminal defence lawyer before attempting any international travel.
What to Bring If You Attempt to Enter Canada
If you have pending charges and intend to travel to Canada — and your criminal defence lawyer has confirmed you are not in violation of bail conditions — the following documents may help your case at the border:
Court Documents
Official documentation showing the nature of the charge, the scheduled court dates, and the current status of the proceedings.
Bail Conditions Document
Your full bail conditions, showing what travel is permitted. Officers will want to know you are not violating conditions by being in Canada.
Attorney Letter
A letter from your criminal defence lawyer confirming your case status and that your travel is not in violation of any court order or bail conditions.
Travel Purpose Documentation
Clear and compelling reason for your travel to Canada — business contract, medical appointment, immediate family visit. The stronger the reason, the better.
No guarantees: Even with these documents, a CBSA officer has the authority to refuse your entry based on the outstanding charges. There is no way to guarantee admission to Canada when you have pending charges. Being turned away is a real and significant risk.
Temporary Resident Permit (TRP) — An Option in Some Cases
If you are inadmissible to Canada due to pending charges, a Temporary Resident Permit (TRP)under IRPA s.24(1) may allow you to enter Canada for a compelling reason, despite the inadmissibility. TRPs are discretionary and not guaranteed — the officer must be satisfied that your need to enter Canada is justified given the inadmissibility and the public interest.
TRPs can be applied for at a port of entry (with risk of being turned away) or in advance through a Canadian visa office. Applying in advance is generally safer for cases involving pending charges, as it allows for a thorough review.
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Get Admissibility Report → $49.99Frequently Asked Questions
I was charged but charges were later dismissed — am I still inadmissible?+
Dismissed charges generally resolve the inadmissibility concern under s.36(2)(b) or s.36(1)(b), since there is no longer a charge. However, CBSA officers may still ask questions about the circumstances, and if the underlying conduct suggests a violation occurred, other admissibility issues may arise. See our guide on dismissed charges for more detail.
Will CBSA know about my pending charges if they are from the US?+
CBSA has real-time access to US law enforcement databases for US citizens and residents through information-sharing agreements. Pending charges that appear in NCIC or state databases may be visible to CBSA officers at the border. Charges from other countries may or may not be visible depending on the bilateral relationship.
I have pending charges for a minor offence — is the risk the same?+
The seriousness of the charge affects whether s.36(1) (serious criminality) or s.36(2) (non-serious criminality) applies, but both provisions apply to pending charges, not just convictions. Even charges for relatively minor offences can trigger CBSA scrutiny. The specific nature of the charge and its Canadian equivalent are critical factors.
Should I contact a Canadian immigration lawyer before trying to enter Canada with pending charges?+
Yes — strongly recommended. A Canadian immigration lawyer can assess the specific charge, its Canadian equivalent under the Criminal Code, the applicable inadmissibility provisions, and whether a TRP application in advance is advisable. Showing up at the border without this analysis is high risk.
Important: This guide explains the general legal framework under IRPA s.36 and does not assess any specific charge or situation. Whether your specific pending charge creates inadmissibility depends on the nature of the charge, the Canadian Criminal Code equivalent, and the specific circumstances. Consult a licensed Canadian immigration lawyer before travelling to Canada with pending criminal charges. Not legal advice.
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Start Free Screening →Important: This tool provides general information based on publicly available Canadian immigration law (IRPA). Results are not a determination of admissibility. Only a CBSA officer at a port of entry can make admissibility decisions. For complex legal situations, professional guidance may also be beneficial.