Entering Canada with an assault conviction

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Under Canadian immigration law, if you have committed an offense or have been convicted of a crime, you may not be allowed to enter Canada. Simply put, you may be “criminally inadmissible.”

This includes both minor and serious crimes, such as: drinking and driving related offenses, disorderly conduct, theft, assault, and battery. Under the Canadian Criminal Code, these offenses can be considered either as “criminality” or “serious criminality” depending on the type of punishment attributed to it. Simple assault, for example, would be considered criminality; whereas, aggravated assault, a serious criminality. Assault convictions, whether serious or minor, will prevent entry to Canada and it can be any of the following:

  • assault and battery
  • aggravated assault
  • assault with a deadly weapon
  • simple assault
  • domestic assault
  • battery charge
  • aggravated battery
  • verbal assault
  • simple battery

How does Canadian law define assault?

According to the Criminal Code of Canada, section 265(1), assault is defined in the following way:

“A person commits an assault when

  • without the consent of another person, he applies force intentionally to that other person, directly or indirectly;
  • he attempts or threatens, by an act or a gesture, to apply force to another person, if he has, or causes that other person to believe on reasonable grounds that he has, present ability to effect his purpose; or
  • while openly wearing or carrying a weapon or an imitation thereof, he accosts or impedes another person or begs.

This section applies to all forms of assault, including sexual assault, sexual assault with a weapon, threats to a third party or causing bodily harm and aggravated sexual assault.”

Various assaults and its punishments

However, what one must look at is the punishment that is attributed to each offense in this category. For example, according to Criminal Code of Canada, a simple assault carries a maximum sentencing term of 5 years, and the aggravated assault carries at least a 10 year minimum sentence term. Which is why, as previously mentioned, simple assault is considered “criminality” and aggravated assault is considered “serious criminality” for the purpose of a temporary resident permit or a criminal rehabilitation application.

If you have a prior assault conviction, you are not without options. At JTM, we hold the solutions to your inadmissibility issues. Although it is a discretionary process, we work hard to get you a favorable outcome.

Call us for your free consultation at 1 (844) 326-8410.