Difference between revisions of "Other Issues in Criminal Matters (1:VIII)"

Each individual country controls entry to its territory and the impact of a criminal record will vary depending on where a person is trying to  travel (and often the person working at customs!). Canada and the US share a great deal of intelligence, such as CPIC, and American authorities will use this information when deciding whether or not to admit a person. A criminal conviction could be grounds to deny entry. While discharges are not convictions under Canadian law, American authorities do not make this distinction. Also, information that is purged from CPIC, which was accessed by the American database prior to it being purged from CPIC, may not be erased from American databases. Thus, a criminal history could affect a person's ability to travel, but the exact impact will depend entirely on the policies of the host country.

Admissibility to the U.S.A. is determined in accordance with the ''Immigration and Nationality Act'' (1952), Public Law No 82-414, 66 Stat 163) ("INA"). Section 212(a)(2)(A) of the ''INA'' states that a person is inadmissible if he or she commits a crime involving "moral turpitude" (i.e. shocks the public conscience; see ''Wing v United States'' 46 f2d 755 (7th Cir 1931) for a detailed definition), or violates any law relating to a controlled substance (as defined in section 102 of the ''Controlled Substances Act'' (21 USC 802)). A person is also inadmissible to the United States if he or she commits two or more criminal offences whose convictions have an aggregate sentence of five years or more.  Finally, an immigration officer can deny entry into the US if he or she has "reason to believe" that the individual has committed drug  trafficking, prostitution, or money laundering offences.

:'''Note:''' A conviction as defined in s 101(a)(48)(A) of the ''INA'' includes any form of punishment, penalty, or restraint of liberty, which is ordered by the court. This means that conditional discharges and suspended sentences would be considered as convictions. Consult Chapter 18 – Immigration Law for more information.