a foreign criminal record that is not considered as a crime in Canada

[sum4141s]

Hi, I'm studying for EPE and have a question about criminal inadmissibility.

If a PR applicant has committed a crime in the home country but that crime is not a criminal offense in Canada, is that person inadmissible and must wait 5 years for rehabilitation?
Ex. A south Korean PR applicant served jail time in Korea for consuming marijuana, but marijuana is legal in Canada.

 

[scylla]

Hi, I'm studying for EPE and have a question about criminal inadmissibility.

If a PR applicant has committed a crime in the home country but that crime is not a criminal offense in Canada, is that person inadmissible and must wait 5 years for rehabilitation?
Ex. A south Korean PR applicant served jail time in Korea for consuming marijuana, but marijuana is legal in Canada.

It depends on the exact nature of the charge. Marijuana is decriminalized in Canada. However marijuana related offences can still be crimes in Canada. We would need to know the details of the conviction (i.e. what exactly the person was convicted for).

 

[sum4141s]

It depends on the exact nature of the charge. Marijuana is decriminalized in Canada. However marijuana related offences can still be crimes in Canada. We would need to know the details of the conviction (i.e. what exactly the person was convicted for).

Hi again, thanks for the answer. The offense I was referring to was something like possession of marijuana under 5 grams or consumption of marijuana—nothing serious like trafficking or harvesting it. In this case, is the person admissible or require rehabiliation?

Also, how would a CBSA officer assess criminal inadmissibility for a visitor that doesn’t require a police certificate?

Thank you.

 

[Canadababe21]

Hi again, thanks for the answer. The offense I was referring to was something like possession of marijuana under 5 grams or consumption of marijuana—nothing serious like trafficking or harvesting it. In this case, is the person admissible or require rehabiliation?

Also, how would a CBSA officer assess criminal inadmissibility for a visitor that doesn’t require a police certificate?

Thank you.

Hey, my boyfriend may have the same problem. Have you found a solution? In my boyfriend's case, he only had a paper with a trace of Marijuana and his urine was tested and came positive with thc/cannabis. I think if you only take this into account, it would not make you inadmissible (the same as yours 5 grams is legal). However, the question arises, how did you come into possession of said Marijuana? Did you grow it? In Canada it's legal to have upto four plants. Did you buy it from an unauthorized dealer (I'm sure there are no authorized dealers in Korea) ? In Canada, that's a hybrid offence (which in immigration is looked at as indictable).
I also read somewhere its legal to gift Marijuana, but I'm not sure of that. It will depend on what you stated to any officer of the law who noted it and wrote it down. For my boyfriend he stated to the police he bought it for about 70$. So we're also wondering if we should get a lawyer. Please let me know if you found a solution?