Episode #51 – Inadmissibility to Canada for Committing a Criminal Offence, with Sania Chaudhry

A discussion of when someone can be inadmissible to Canada for having committed a crime which doesn’t lead to a conviction.

Cases referenced are Garcia v. Canada (Citizenship and Immigration), 2021 FC 141 and Dlieow v. Canada (Citizenship and Immigration), 2020 FC 59.

Sania (Ahmed) Chaudhry was counsel in Garcia. She is currently Legal Counsel (Professional Conduct Proceedings) at Real Estate Council of Alberta.

2:00 Introduction and an overview of Garcia v. Canada.

15:00 The purpose of Canada’s inadmissibility provisions.

17:10 What is the standard of proof for determining that someone committed a crime where there is no conviciton?

19:45 A review of Enforcement Manual 2

30:30 Determining equivalency and issues with inadmissibility findings where there is no conviction.

39:30 Dlieow v. Canada (Citizenship and Immigration)

46:00 Living in a society where the State makes everything a crime.

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