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November-December 2013

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NAVIGATE RESOURCES: Table of Contents InfoNet aila.org Find a Member ? ! Contact a Mentor Shop Agora FOR MORE ON GLOBAL MIGRATION: Going Global: Trends in Outbound Immigration Purchase > Ministerial Discretion 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, Compassionate Relief 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 47

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