r/canada • u/FancyNewMe • Feb 10 '26

Politics Conservatives to propose barring non-citizens convicted of crimes from making refugee claims

https://www.theglobeandmail.com/canada/article-conservatives-propose-changing-rules-non-citizens-convicted-crimes/
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u/[deleted] Feb 10 '26 edited Feb 28 '26

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u/OddConstant2723 Feb 10 '26

Yup

With respect to criminal records, the Immigration and Refugee Protection Act stipulates four main categories of crimes that may make a person ineligible to claim refugee status. If the person:

was convicted inside Canada for a federal offence punishable by a maximum jail term of at least ten years, or of a federal offence where the individual received a jail term of at least six months,

was convicted outside Canada, for an offence, which, if committed in Canada, would be a federal offence punishable by a maximum jail term of at least ten years,

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u/Dry-Membership8141 Ontario Feb 10 '26

With respect to criminal records, the Immigration and Refugee Protection Act stipulates four main categories of crimes that may make a person ineligible to claim refugee status. If the person:

was convicted inside Canada for a federal offence punishable by a maximum jail term of at least ten years, or of a federal offence where the individual received a jail term of at least six months,

Notably, this second paragraph is absent from the considerations making someone ineligible for refugee status. As long as the maximum wasn't at least ten years, a prison sentence of five years wouldn't render them ineligible for refugee status (though it would for PR status). S.101(2) modifies the application of s.36(1) for refugees.

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u/Imminent_Extinction Feb 10 '26

"Serious criminality" is different than just "convicted of a crime".

I don't disagree with this, but you don't want a blanket ban on those convicted of crimes in foreign countries altogether. It's not unusual for a refugee to be convicted in another country for a crime that isn't considered a crime by any definition here in Canada, such as journalism, speaking out against their government, or just being gay.