Immigration Consequences from a Conviction: Difference between revisions
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Section 36(1) defines the class of offenders who are inadmissible on the basis of "serious criminality": | Section 36(1) defines the class of offenders who are inadmissible on the basis of "serious criminality": | ||
{{quotation| | {{quotation| | ||
; Serious criminality | |||
36 (1) A permanent resident or a foreign national is inadmissible on grounds of serious criminality for | 36 (1) A permanent resident or a foreign national is inadmissible on grounds of serious criminality for | ||
:(a) having been convicted in Canada of an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years, or of an offence under an Act of Parliament for which a term of imprisonment of more than six months has been imposed; | :(a) having been convicted in Canada of an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years, or of an offence under an Act of Parliament for which a term of imprisonment of more than six months has been imposed; | ||
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; Organized criminality | |||
37 (1) A permanent resident or a foreign national is inadmissible on grounds of organized criminality for | 37 (1) A permanent resident or a foreign national is inadmissible on grounds of organized criminality for | ||
:(a) being a member of an organization that is believed on reasonable grounds to be or to have been engaged in activity that is part of a pattern of criminal activity planned and organized by a number of persons acting in concert in furtherance of the commission of an offence punishable under an Act of Parliament by way of indictment, or in furtherance of the commission of an offence outside Canada that, if committed in Canada, would constitute such an offence, or engaging in activity that is part of such a pattern; or | :(a) being a member of an organization that is believed on reasonable grounds to be or to have been engaged in activity that is part of a pattern of criminal activity planned and organized by a number of persons acting in concert in furtherance of the commission of an offence punishable under an Act of Parliament by way of indictment, or in furtherance of the commission of an offence outside Canada that, if committed in Canada, would constitute such an offence, or engaging in activity that is part of such a pattern; or | ||
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64 (1) No appeal may be made to the Immigration Appeal Division by a foreign national or their sponsor or by a permanent resident if the foreign national or permanent resident has been found to be inadmissible on grounds of security, violating human or international rights, <u>serious criminality or organized criminality.</u> | 64 (1) No appeal may be made to the Immigration Appeal Division by a foreign national or their sponsor or by a permanent resident if the foreign national or permanent resident has been found to be inadmissible on grounds of security, violating human or international rights, <u>serious criminality or organized criminality.</u> | ||
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; Serious criminality | |||
(2) For the purpose of subsection (1), serious criminality must be with respect to a crime that was punished in Canada by a <u>term of imprisonment of at least six months or that is described in paragraph 36(1)(b) or (c).</u> | (2) For the purpose of subsection (1), serious criminality must be with respect to a crime that was punished in Canada by a <u>term of imprisonment of at least six months or that is described in paragraph 36(1)(b) or (c).</u> | ||
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