25 Years of Federal Court Immigration Decisions: What the Numbers Show
We reviewed 22,057 published Federal Court decisions on immigration refusals and mandamus from 2001 to 2026. Here is what the numbers show, and what they do not.
Immigration and Refugee Law
DUI and Canadian Immigration: Serious Criminality, IRPA s. 36 (Video)
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DUI and Canadian Immigration: Serious Criminality, IRPA s. 36 (Video)
Can an impaired driving conviction stop you from coming to Canada? It can. Since December 18, 2018, impaired driving carries a maximum sentence of 10 years in prison, which can make a person inadmissible to Canada for serious criminality, even for a conviction outside Canada. This guide and video explain how the rules work and what options may exist. It is general information only and is not legal advice.
Video: DUI and Canadian Immigration
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What changed on December 18, 2018
Under section 320.14(1) of the Criminal Code, impaired driving is an offence, and under section 320.19(1)(a) it is punishable on indictment by up to 10 years in prison. Before that date the maximum for the indictable offence was lower. For offences committed before December 18, 2018, IRCC says it assesses inadmissibility based on the penalties that were in force at that time.
Serious criminality under IRPA s. 36
Under section 36(1) of the Immigration and Refugee Protection Act (IRPA), a permanent resident or foreign national is inadmissible for serious criminality if they have been:
- convicted in Canada of an offence punishable by a maximum term of imprisonment of at least 10 years, or for which a term of imprisonment of more than six months was imposed; or
- convicted outside Canada of an offence that, if committed in Canada, would be punishable by a maximum of at least 10 years.
Because impaired driving is now punishable by up to 10 years on indictment, a conviction can fall within these rules. Under section 36(3)(a), an offence that may be prosecuted either way is treated as an indictable offence, even if it was prosecuted summarily.
If the conviction was outside Canada
A person may apply for individual rehabilitation under IRPA s. 36(3)(c). Under section 17 of the Immigration and Refugee Protection Regulations (IRPR), the prescribed period is five years after completion of the sentence.
Deemed rehabilitation under IRPR s. 18 is limited to offences punishable in Canada by a maximum of less than 10 years, so it does not apply to serious criminality.
If the conviction was in Canada
Under IRPA s. 36(3)(b), inadmissibility may not be based on a conviction for which a record suspension has been ordered and remains in effect. Whether a person qualifies for a record suspension depends on their own circumstances.
A permanent resident found inadmissible for serious criminality may lose status and be removed from Canada, so it is important to get advice early.
Temporary resident permits
An officer may issue a temporary resident permit to an inadmissible person if it is justified in the circumstances, under IRPA s. 24(1). A permit is discretionary and may be cancelled at any time. To learn more, see our page on temporary resident permits.
Sources
Immigration and Refugee Protection Act, SC 2001, c 27, s. 24(1) and s. 36(1) and (3); Immigration and Refugee Protection Regulations, SOR/2002-227, s. 17 and s. 18; Criminal Code, RSC 1985, c C-46, s. 320.14(1) and s. 320.19(1); IRCC, Canadian immigration and citizenship inadmissibility: Convicted of driving while impaired.
Frequently asked questions
Can an impaired driving conviction stop me from entering Canada?
Yes. Because impaired driving is now punishable by up to 10 years on indictment, a conviction can make a person inadmissible for serious criminality under IRPA s. 36.
When did the penalty for impaired driving change?
On December 18, 2018, the maximum sentence on indictment became 10 years (Criminal Code s. 320.19(1)(a)).
Does a conviction outside Canada count?
Yes. A conviction outside Canada for an offence that would be punishable in Canada by a maximum of at least 10 years can make a person inadmissible.
What if the offence was committed before December 18, 2018?
IRCC says it assesses inadmissibility based on the penalties in force at that time.
Does it matter if I was prosecuted summarily?
Under IRPA s. 36(3)(a), an offence that can be prosecuted either way is treated as indictable, even if it was prosecuted summarily.
What is individual rehabilitation?
For a conviction outside Canada, a person may apply for individual rehabilitation under IRPA s. 36(3)(c). The prescribed period under IRPR s. 17 is five years after completion of the sentence.
Does deemed rehabilitation apply to impaired driving?
No. Deemed rehabilitation under IRPR s. 18 is limited to offences punishable in Canada by a maximum of less than 10 years, so it does not apply to serious criminality.
Can a record suspension help?
For a conviction in Canada, inadmissibility may not be based on a conviction for which a record suspension has been ordered and remains in effect (IRPA s. 36(3)(b)).
What is a temporary resident permit?
An officer may issue one to an inadmissible person if it is justified in the circumstances (IRPA s. 24(1)). It is discretionary and may be cancelled at any time.
Can a permanent resident lose status?
A permanent resident found inadmissible for serious criminality may lose status and be removed.
Is this legal advice?
No. This is general information only. Every situation is different and no outcome is guaranteed.
How do I book a consultation with Pax Law?
Use the booking section at the bottom of this page for the Vancouver or Toronto office.
Book a consultation
Planning to visit, study, work or immigrate with a past conviction? Book a confidential consultation with Pax Law Corporation. You can also see our immigration law services.
- North Vancouver office: Book a consultation — 215-1433 Lonsdale Avenue, North Vancouver, BC — +1-604-767-9529
- Toronto office: Book a consultation — 10th Floor, 4711 Yonge Street, Toronto, ON — +1-416-447-4862
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Disclaimer: This article is general information only and is not legal advice. Every situation is different and no outcome is guaranteed. It reflects Canadian law as of the date of publication, and laws change. Past results do not predict future outcomes.
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