Statute beside statuteThe foreign section, as it read at the time, set against the Canadian one, element by element.
Evidence it needsThe foreign statute, a translation, and sometimes an expert in that country’s law.
Foreign convictions measured against the Criminal Code of Canada
A conviction or charge from abroad is compared with Canadian law under IRPA section 36. Angelina Shuster, a paralegal licensed by the Law Society of Ontario, argues that comparison at the IRB’s Immigration Division.
- IRPA s.36(1)(b)–(c) and 36(2)(b)–(c)
- Immigration Division hearings
- English and Russian
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Send the country, the offence as the court record names it, and the year.
What the foreign record says, and what Canada measures instead
Section 36 asks what the same conduct would be under an Act of Parliament.
On the foreign recordOffence named “misdemeanour” or “felony”
What is comparedThe essential elements of the act, set against a Criminal Code offence
On the foreign recordThe sentence the foreign court imposed
What is comparedThe Canadian maximum: 10 years or more is serious criminality s.36(1)(b)
On the foreign recordHandled abroad as a minor matter
What is comparedA Canadian offence that can go either way is deemed indictable s.36(3)(a)
On the foreign recordA charge that never ended in conviction
What is comparedThe act itself can still count; a final acquittal cannot s.36(1)(c), 36(3)(b)
On the foreign recordA pardon, expungement or discharge
What is comparedRecognised only when the foreign system and law resemble Canada’s Saini, FCA 2001
Three ways the Division lines up two offences
Set out by the Federal Court of Appeal in Hill (1987). More in how a foreign conviction is equivalenced.
“Would the acts committed abroad and punished there have been punishable here?”Federal Court of Appeal, Li v. Canada (1997)
What was proven abroadWhere wording differs, the member asks whether the facts the foreign court accepted make out the Canadian offence.
Evidence it needsThe charging document, the plea, the judgment with reasons and any transcript.
Both togetherStatutes and proceeding read together, common when a foreign code has no direct Canadian match.
Evidence it needsEverything from the first two routes, filed as one record.
Usual standard: reasonable grounds to believe, IRPA s.33Permanent resident, act abroad: balance of probabilities, s.36(3)(d)
Clocks that start once a foreign record is in play
From the Immigration Division Rules, IRPA and its Regulations.
5days
Records, translations, expert
Documents and witness details, including a foreign-law expert, are due five days before the hearing, translated into English or French with a translator’s declaration.
ID Rules 25, 26 & 3215days
Federal Court leave
A permanent resident found inadmissible under s.36(1)(b) or (c) has no IAD appeal; Federal Court leave is sought within 15 days.
IRPA s.64(2) · s.72(2)(b)5years
Rehabilitation period
The wait before applying to IRCC for rehabilitation for an offence abroad.
IRPA s.36(3)(c) · IRPR s.17Who argues the comparison at the Immigration Division
The Immigration Division is part of the IRB, a federal tribunal where a licensed paralegal may represent you under LSO By-Law 4.
25+ yearsImmigration and criminal files, both sides of an equivalency question.
One representativeWhoever reads your foreign record argues it.
English and RussianPreparation in either language.
Yonge Street, Richmond HillSuite 205, 10211 Yonge Street.
“I was greatly impressed by the efficiency with which Angelina handled our immigration case. All of our concerns, however minor, were promptly addressed by her. In addition to her efficiency she provided us with personal support at a time when it was most needed, the nerve-wracking days before the scheduled interview with the Immigration Officials. She reassured us and alleviated our fears, rational as well as irrational.”
What to bring from the foreign court
- Certified court recordCharge, judgment and sentence, under seal.
- The foreign statuteThe section you were charged under, as it read at the time.
- TranslationsEnglish or French, each with the translator’s signed declaration.
- Proof the sentence endedFine receipt, release or probation completion.
- Pardon, expungement or discharge papersTogether with the foreign law that granted them.
- Any section 44 report or hearing noticeWith the date it reached you.
Questions about foreign records and the Criminal Code
Can a paralegal represent me when a foreign conviction is the issue?
Yes, at the tribunal stage. LSO By-Law 4 lets a licensed paralegal appear before federal tribunals, and the Immigration Division sits within the Immigration and Refugee Board.
Does a foreign misdemeanour stay minor in Canada?
Not necessarily. If the Canadian equivalent can be prosecuted either way, paragraph 36(3)(a) treats it as indictable.
Does a foreign pardon remove the problem?
Only if recognised. Under Saini, the foreign system and law must resemble Canada’s, with no valid reason to refuse recognition.
This page is general information about foreign convictions under Canadian immigration law and is not legal advice. Reading it does not create a paralegal-client relationship. Our legal team assists with the full range of your matter, including applications filed with IRCC.
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