FOR MORE ON GLOBAL MIGRATION:
Going Global: Trends
in Outbound Immigration
punishment the individual actually received or whether
there was a conviction at all. A foreign national's criminal history typically appears in the context of an application for (1) permanent residence (the Canadian government requires all applicants for permanent residence to
provide evidence of a clear criminal record); (2) a temporary resident visa (where a foreign national is required
to attest to neither having committed nor having been
charged with committing a criminal offense); or (3) a
work permit, where border officials can access an applicant's criminal history (For example, in an effort to foster
cooperation, the Canadian and U.S. authorities share information that can be used to fight crime).
Any individuals who enter Canada after June 19,
2013, and disclose their criminal history will likely be
deported if their offenses, had they been committed in
Canada, would have been punishable by a maximum
term of imprisonment of at least 10 years. While there
are instances where foreign nationals can hide their
criminal past, those who are already in Canada and
have not disclosed their prior criminal records may be
found guilty of misrepresentation, and may be deported and deemed inadmissible to Canada for five years.
The bill also gives the minister the power to deny
entry to foreign nationals on the basis of "public
policy considerations." The declaration can last up to
36 months. The meaning of "public policy considerations" is not clearly described by the bill, giving the
minister wide-ranging discretion to prevent foreign
nationals from entering Canada.
Limits on Humanitarian,
Certain foreign nationals within Canada, who might
not otherwise qualify for permanent resident or refugee
status, were previously able to obtain status through humanitarian and compassionate grounds. But with the
passage of Bill C-43, individuals who are deemed inadmissible because of security grounds, violations of human rights, or participation in organized criminal activity are prohibited from accessing this avenue of relief.
Tarek Badawy is an associate with Baker & McKenzie's
Global Immigration & Mobility (GIM) Group in Toronto.
Becki L. Young co-manages the GIM Group in Baker &
McKenzie's Washington, D.C. office. The authors would
like to thank Jennifer Bernardo, a J.D./M.A. candidate at
the University of Toronto and summer associate, for her
contribution to this article. A longer version of this article
appears on Baker & McKenzie's immigration blog. The
authors' views do not necessarily represent the views of
AILA nor do they constitute legal advice or representation.
N OVEMBER/ D ECEMBER 2013