Inadmissibility to Canada depends upon how a foreign conviction equates to the Canadian criminal code. However, there are certain ways to overcome a cannabis conviction before coming to Canada.  

In simpler words, if a foreign national is deemed criminally inadmissible to Canada, it is because the crime they committed in another nation equates to a crime under Canadian law, which would render the individual unable to enter this nation. 

In the case of some foreign convictions for cannabis-related offenses, foreign nationals might still be admissible to Canada because such crimes are no longer illegal in Canada. One example is the possession of cannabis. 

Despite some new Canadian laws that make foreign nationals with certain cannabis-related convictions admissible to Canada, a few common cannabis-related offenses can still bar a non-Canadian from entering the nation, including: 

  • Possession of dried cannabis (over 30 grams)
  • Possession of cannabis equal to more than 30 grams
  • Cannabis-related Driving Under the Influent (DUI) charges
  • Illegal sale/ distribution of cannabis 

Ways To Overcome A Cannabis Conviction Before Coming To Canada 

Here are the ways to overcome a cannabis conviction before coming to Canada. Take a look!

  • Temporary Resident Permit 

Foreign nationals might be granted temporary access to Canada via a TRP. TRP can be used by individuals with a valid reason to come to this country. With a valid reason to travel to Canada – including for business or an emergency – foreign nationals can use a TRP to overcome a cannabis conviction if they prove that the benefits of their entry outweigh any potential risks to Canadians & the nation. 

Key Information Regarding TRPs

The following includes some key information that foreign nationals would benefit from understanding about the TRP. 

  • TRPs can be granted with a validity period of up to three years.
  • TRP applicants do not need to complete a criminal sentence to be eligible for this permit.
  • TRP applicants might apply to extend the validity of their permit once inside Canada. 
  • TRPs can either be single-entry/ multiple-entry permits. 

  • Legal Opinion Letter 

Canada immigration lawyers can help foreign nationals prepare a legal opinion letter. Highlighting details related to relevant convictions for which an individual would be barred from entering Canada, the lawyer would include their opinion on the matter; while identifying risks & relevant Canadian laws, the lawyer would provide reasoning to justify why the subject of the letter should be deemed admissible to Canada. 

  • Criminal Rehabilitation Application 

Criminal rehabilitation applications are designed to enable successful applicants to enter Canada after permanently clearing their past criminal history. In simpler terms, rehabilitation applicants who are approved by the Canadian government are no longer deemed inadmissible to Canada. 

These applications do not require renewal but do include a set of eligibility criteria, which are highlighted below. Criminal rehabilitation applicants:

  • Must have committed an offense outside of Canada which would make them inadmissible to Canada under the Canadian criminal Code. 
  • Should have either been convicted of the aforementioned offense or admitted to committing it. 
  • Must let five years pass since the completion of any consequence associated with the commission of the offense.