Many Canadian criminal cases have potentially adverse consequences for immigration status. Accordingly, when a criminal lawyer in Canada represents a client who is not Canadian citizen, it is imperative that the lawyer consider the two distinct grounds of criminal inadmissibility described in the Immigration and Refugee Protection Act 1 (IRPA)—A36(1), which addresses “serious criminality” and applies to both foreign nationals and permanent residents, and A36(2), which addresses “criminality” and applies only to foreign nationals. For a discussion by Dentons Toronto immigration partner Henry Chang on their respective implications, as well as the impacts of federal, provincial and juvenile offenses, as well as conditional sentences, please click here.
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