• to facilitate the entry of persons who have the right to enter Canada;
• to facilitate the entry of foreign nationals into Canada for purposes such as trade and commerce, tourism, international understanding and cultural, educational and scientific activities;
• to protect the health and safety of Canadians and to maintain the security of Canadian society;
• to promote international justice and security by denying access to Canadian territory to persons who are criminals or security risks; and
• to offer safe haven to persons with a well-founded fear of persecution based  on  race,  religion,  nationality,  political opinion or membership in a particular social group, as well as those at risk of torture or cruel and unusual

Secondary Examinations

In-depth examinations, known as Immigration Secondary examinations, are not conducted at the Primary Inspection Line (PIL). Immigration Secondary Examinations focus on issues of identity, citizenship, residency, intentions, funds available, personal history, background and a key consideration for Canada Border Services Agency (CBSA) officers at the POE is to investigate inadmissibility.  Once inadmissibility is determined, a person may be denied entry, allowed to withdraw entry (in some cases), allowed entry upon a temporary entry permit (exceptional) and most frequently pursuant to subsection 44(1) of the Act, if the officer at any time is of the opinion that the person at the border is inadmissible, an inadmissibility report can be written. This will be followed by enforcement action and likely a removal order.

Nevertheless, it is still best to declare inadmissibility because a foreign national as one example, does not want to compromise a potential rehabilitation application in the future with a misrepresentation finding that results in a five year ban in the end.   Not all criminal offences result in a finding of inadmissibility but most do including driving under the influence.  Sometimes an officer will make a finding of inadmissibility based on past conduct that did not result in a criminal conviction but is deemed to constitute committing a criminal act.  It is always best to consult with a Canadian immigration lawyer if you have any concerns about your status and potential admissibility.

So when you have a record the truth will “set you free” even if in this case,depending upon your criminality, it may not mean entry to Canada immediately.

For more information on Criminality and TRPs, please click here and here.

The post Now That I Have Declared My Criminal Record What Happens at a Secondary Examination? first appeared on Bellissimo Law Group.

Obligation upon Entry

Subsections 16(1) and (2) of the Act holds a person must answer truthfully and provide relevant evidence such as a visa that the officer reasonably requests, including, in the case of foreign nationals, proof of photographic and fingerprints and a medical examination.  Subsection 16(3) pertains to evidence such as photographic or fingerprints or other materials that may be used to establish the identity of a permanent resident or a foreign national who is arrested, detained or subject to a removal order. It is important to note that section 23 of the IRPA allows an officer to authorize a person to enter Canada for the purpose of further examination or an admissibility hearing. In such a case the person remains under examination until a decision has been made.  But if an Officer does not ask, is the person seeking entry in the clear?

Primary Examinations

Primary examination questions are designed to obtain essential information, such as citizenship, residency, intention, employment, length of stay and identity as quickly as possible. Typically, the CBSA officer conducting the examination at the Primary Inspection Line (PIL) does not ask a person about criminality. Officers are trained to direct person’s with criminality issues to the Immigration Secondary Examination as this allows for more time to conduct an in-depth examination. So should a CBSA officer at any time suspect through questioning, behaviour or other indicators that a foreign national may have a criminal record, that person should be referred to the secondary examination. The privacy of the individual is protected under the Act. Therefore, officers should not ask any questions regarding criminality in the presence of accompanying family members or other travelers.

So this sounds as if the person is not asked or suspected of having a criminal record there is no obligation on the person entering the country.  Not quite.  All persons seeking to enter Canada must appear for an examination to determine whether they have the right to enter Canada or may become authorized to enter and remain in Canada. If a foreign national or permanent resident has a criminal record that renders the person inadmissible to Canada and has not received a record suspension, been deemed rehabilitated or received a certificate of rehabilitation that person cannot enter Canada without a temporary resident permit.  So there exists a positive obligation to declare the criminality even if not asked or previously entered Canada without any issue.

Once declared, expect a referral to secondary.  It is always best to consult with a Canadian immigration lawyer if you have any concerns about your status and potential admissibility.  In Part Two, I will discuss what happens at the Secondary Examination.

For more information on Criminality and TRPs, please click here and here.

The post Do I have to Declare My Criminal Record When I Enter Canada Even if I am Not Asked? first appeared on Bellissimo Law Group.