Entering Canada with a felony conviction – Canada Immigration News
Anyone trying to enter Canada with a felony conviction on their criminal record may be surprised to learn that they might be considered inadmissible. This can be true for residents of any country who would like to immigrate to Canada or even just visit several years post-conviction.
However, in some circumstances it may be possible for individuals with recorded convictions to enter Canada if they are able to obtain a Temporary Resident Permit (TRP) or they can demonstrate that they have completed the criminal rehabilitation process.
Schedule a Free Legal Consultation with the Cohen Immigration Law Firm
What makes a person inadmissible to Canada?
There is a long list of felony convictions that can make a person inadmissible to Canada. The most common offences are reckless driving, driving while under the influence of drugs or alcohol, fraud, assault, and drug offences.
Any one of these can be enough to prevent you from being admitted to Canada, even if they are considered minor and happened a long time ago. It is also worth noting that those who are currently serving a sentence or have completed one very recently, are less likely to be granted admission into Canada.
Temporary Resident Permit
A Temporary Resident Permit (TRP) gives you legal entry to Canada for a specific period of time if you can provide a valid reason for your visit. TRPs can be applied for at any point, regardless of how long ago you completed your sentence or even if you are still serving part of your sentence.
However, the likelihood of getting a TRP decreases with the severity of the offence committed and how recently your sentence was completed, or if it is still in progress.
How to apply?
There are two ways to apply for a TRP. In both cases, you will need to submit supporting documents that explain the reason you are inadmissible to Canada, as well as your reason for coming to Canada. In all instances, even tourism, an officer will weigh the risks and benefits to allowing you to enter Canada based on your previous conviction.
A TRP is only valid for the length of you time you plan to be in Canada, and you will require a new one each time you enter the country.
Once you, or your lawyer, have gathered all the necessary documents you will need to send your application to Immigration, Refugees and Citizenship Canada (IRCC) for approval.
Apply through a consulate
If you have time to plan your trip well in advance, U.S citizens can submit their TRP application to a Canadian consulate. The processing time can vary but if you are approved, you are guaranteed entry into Canada.
Applying at a port of entry
It is possible to obtain a TRP upon arrival at point of entry into Canada such as an airport or land boarder but there is no guarantee that the Canadian Immigration Officer will allow you to enter the country. The final decision rests with the official and they must weigh if your trip is justified against the health and security of Canadians.
If you are denied entry, you will not be allowed to enter Canada until you get approval from a Canadian consulate.
Another path to becoming admissible is through criminal rehabilitation. If you have been unable to enter Canada in the past and more than five years have passed since the end of your sentence you might be eligible to apply.
An individual is deemed rehabilitated if they can prove they have been living a stable lifestyle, at least five years have elapsed since the end of their sentence, and they are unlikely to be involved in further criminal activity.
The way the five years is calculated can differ depending on the type of sentence you served.
- Suspended sentence: count five (5) years from the date of sentencing.
- Suspended sentence with a fine: count five (5) years from the date the fine was paid. In the case of varying payment dates, the rehabilitation period starts on the date of the last payment.
- Imprisonment without parole: count five (5) years from the end of the term of imprisonment.
- Imprisonment and parole: count five (5) years from the completion of parole.
- Probation: probation is part of the sentence. Count five (5) years from the end of the probation period.
- Driving prohibition: count five (5) years from the end date of the prohibition. You are prohibited by the Criminal Court from driving.
The type of conviction makes a difference
The biggest consideration in deciding if an individual is rehabilitated is establishing what would have happened if you had committed same offence within Canada. IRCC distinguishes between convictions that result in a sentence of less than 10 years under Canada’s Canadian Criminal Code and convictions that result in convictions of more than 10 years. Anything over 10 years is considered serious criminality and can have a negative impact on your chances of being deemed rehabilitated.
Once you are deemed to be rehabilitated, you will not need to go through the process again each time you enter Canada.
Schedule a Free Legal Consultation with the Cohen Immigration Law Firm
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Those With Rare Diseases Need to Wait, as Usual
Science has developed the ability to research, develop and create functional cures for many of our so-called “incurable diseases”, but having the ability to do something and actually doing it are two different things. Medicine has always suffered from a problem with “knowing-doing”. It is the difference between what a doctor actually does for a patient and what can be done with all that we know. Developmental breakthroughs in medicine are allowing doctors to do things they never could imagine before. Sometimes these break-thoughts don’t fit into businesses/governmental financial or regulatory systems, meaning that it can take a long time for patients to actually benefit, a time many patients may not have.
The National Institutes of Health in America invest more than $40 Billion in biomedical research each year, and the private sector twice as much. The discoveries are valued by all, but why is it so hard to use these discoveries?
Science’s ability to engineer medicines has far outpaced how these medicines are actually built, tested, and put into human beings. Artificial Intelligence has assisted the community by mapping the human genome in efforts to cure various diseases. The US Government defines rare diseases as those that affect fewer than 200,000 people in America. Some affect only a handful of people. There are over 7000 different rare diseases, with more than 30 million people in America diagnosed with one of them. That is 10% of the US population. So improving how society can find and care for these patients could have a great impact. Problem is that the health system is not flagging enough people with these diseases, while many individuals don’t even know what disease they may have, or that they indeed have a disease. A.I. steps up front to assist in the recognition, tracking, analyzing, and identifying of these patients through computer-programmed systems. Put one’s symptoms into the machine, and often voila, a point from which a doctor can begin his medical investigation and treatment. A diagnostic odyssey in each individual case.
Artificial Intelligence has a prominent place within our health system, including helping design new treatments, helping predict which treatment is better for which patient, and screening for rare diseases with suggested diagnoses to boot. Why are many with rare diseases often left out in the cold, to search on their own for a cure? Money! Simple.
Who makes medicines, and invests millions in treatments and research for diseases? Pharmaceutical Firms.
What are they but profit centers for investment bankers, massive corporations, and a financial structure centered upon the shareholder, and not the average joe? Solutions can be found, but the willingness to spend way beyond what a firm can make in profits needs to be there. Sure our DNA is constantly changing, and evolving biologically. Making a drug that cures cancer, may cure some, but certainly not all forms since each person is unique, their biology specific to that person. Many doctors realize that their methods are much like witch Doctors, forever experimenting with the specific individual’s condition.
Our Health system is tied to our financial system. That is the root of it. So long as the doctors, hospitals, and researchers are tied to profit (our financial system) the necessary technology, research, and investment will not be found for those with rare diseases. I have a disease that has no cure. My immune system is attacking the tissue in my mouth. It is sorely painful, personally transformative, and damn if you could find a doctor who is a real expert in the field. Since it is rare, the institutions of the industry will not find proper medicine for its management, let alone its cure. I live with it, and the disease manages the way I eat, what I eat, how I clean my teeth, how I sleep, and interact with my partner too. This disease can transfer to another. Great eh!
For those of you who have or know of someone who has a rare disease, all I can say is to be patient. The present-day financial and healthcare systems need to change drastically, with governmental intervention in all aspects of research, planning, and manufacturing of medicines. Out of the hands who care for themselves, and hopefully into the hands of those who care about you and those you love.
Canada is set for its largest alcohol tax increase yet. Here’s what to know
Canadians could soon be paying around a quarter more for a 24-pack of beer thanks to the largest increase yet to a federal tax on alcohol.
The “escalator tax” is set to increase by 6.4 per cent on April 1 unless a change is announced before then, such as when the federal budget is revealed on March 28, according to food distribution professor at Dalhousie University, Sylvain Charlebois.
Charlebois told Global News that the tax, which was introduced in 2017, was designed to automatically increase over time based on the rate of inflation to avoid renegotiating it too often.
Given the amount of inflation Canada has experienced recently, the tax is now set for its biggest increase ever, he noted. Last year, the tax went up 2.4 per cent.
And while a penny a beer might not sound like much of a hike, industry experts say it’s one more factor pushing up costs for producers and distributors that’s likely to have ripple effects on what consumers pay.
Breaking down the cost increase
Charlebois predicts the tax will increase the price of a single beer by one cent, while the finance ministry told Global News in a statement that the amount would be three-quarters of a cent. Charlebois said that the price increase would be visible immediately after the tax is scheduled to be implemented on April 1.
Beer Canada told Global News in a statement that the tax increase will bring up the price of a 12-pack by 10 cents. For a 750 ml bottle of wine, the price could increase close to three cents, according to figures from the Canadian Revenue Agency.
In a statement to the Canadian Press, the Liquor Control Board of Ontario (LCBO) said that a 750 ml bottle of a spirit of 40 per cent alcohol by volume (ABV) may increase 70 cents. Charlebois said that the tax may have a smaller impact on the price of craft beer since it is lower volume and usually at a higher price, but could affect larger manufacturers more.
The tax could have a ripple effect on costs, as well.
Beer Canada said since the tax is a production tax imposed on the brewer at the point and time of production, “it is then magnified by other fees and taxes imposed by distributors, retailers, and provinces, including sales taxes,” making the impact on a 12-pack likely closer to 20 cents.
Along with other inflation factors, beer retail prices are projected to rise 10 per cent in 2023, according to the organization.
Beer Canada notes there has been a 60-per cent increase in barley prices, 40-per cent increase in packaging costs, and a doubling of freight costs.
Industry group Restaurants Canada told Canadian Press it estimates the tax increase will cost Canada’s food-service industry about $750 million a year, with the average casual dining restaurant expected to pay an extra $30,000 towards alcohol.
The carbon tax is also set to increase April 1 to $65 a metric ton of carbon from $50, which Charlebois said could impact alcohol prices as well since most producers do not have completely green supply chains. In addition, provinces individually typically increase their tax on alcohol, as well.
Overall, the escalator tax alone will amount to an extra $125 million a year that Canadians will pay to the government.
“It’s just one tax people don’t need right now,” Charlebois said. “It doesn’t seem like much, but it’s more that the tax burden is only increasing.”
“It’s a lot of pressure,” he added.
Industry calls for no tax increase
There is still the possibility the tax could be scrapped, Sylvain said, as lobbyists are moving against it.
Beer Canada says that Canada has the highest alcohol taxes among G7 nations, with about half the cost of a typical can of beer going to taxes, while up to 80 per cent of a bottle of alcohol is taxed, according to Spirits Canada.
The organization is calling on the federal government to freeze current alcohol taxes until inflation reaches closer to the Bank of Canada’s two per cent target.
“It’s do or die time in terms of action,” CJ Hélie, president of Beer Canada, told Global News. “April 1 is right around the corner and the question will be, does the government’s actions live up to their commitment.”
On March 22, MPs voted 170 to 149 in favour of a motion calling on the government to cancel the alcohol tax increase, sponsored by Conservative Leader Pierre Poilievre.
Helie told The Canadian Press that the escalator tax used to be “digestible” when it was around two per cent, but with more than triple the usual increase, it should now be reconsidered.
“When inflation is through the roof, we need to rethink this automatic formula,” Helie said. “The industry is already in dire straits. Using a rigid formula in a time like this is unacceptable.”
— with files from The Canadian Press
© 2023 Global News, a division of Corus Entertainment Inc.
Principal resigns after Florida students shown Michelangelo statue
A principal of a Florida school has been forced to resign after a parent complained that sixth-grade students were exposed to pornography.
The complaint arose from a Renaissance art lesson where students were shown Michelangelo’s statue of David.
The iconic statue is one of the most famous in Western history.
The 5.17m (17ft) statue depicts an entirely naked David, the Biblical figure who kills the giant Goliath.
The lesson, given to 11 and 12-year-olds, also included references to Michelangelo’s “Creation of Adam” painting and Botticelli’s “Birth of Venus”.
Principal Hope Carrasquilla of Tallahassee Classical School said she resigned after she was given an ultimatum by the school board to resign or be fired.
Local media reported that Ms Carrasquilla did not know the reason she was asked to resign, but believed it was related to the complaints over the lesson.
They also said Ms Carrasquilla had been principal for less than one year.
In an interview with US outlet Slate, the chair of the school’s board, Barney Bishop III, said that last year the principal sent a notice to parents warning them that students were going to see Michelangelo’s David – but that this wasn’t done this year. He called it an “egregious mistake” and said that “parents are entitled to know anytime their child is being taught a controversial topic and picture”.
“We’re not going to show the full statue of David to kindergartners. We’re not going to show him to second graders. Showing the entire statue of David is appropriate at some age. We’re going to figure out when that is,” Mr Bishop said.
On Thursday, Florida’s governor, Ron DeSantis, moved to expand a law that banned public schools from teaching sexual education and gender identity.
Teachers who violate the law face being suspended or losing their teaching licences.
The David was completed by Michelangelo between 1501 and 1504. It was instantly hailed as a masterpiece, with Renaissance artist Giorgio Vasari saying the David “surpassed” any statue that had ever existed before.
Queen Victoria gifted a copy of the David to the South Kensington museum – later the V&A – in 1857. When she first saw the cast, she was apparently so shocked by the nudity that a fig leaf was commissioned to cover up the genitalia.
The V&A’s website says that the leaf was kept “in readiness for any royal visits, when it was hung on the figure using two strategically placed hooks.”
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