Minister of Immigration, Refugees and Citizenship Lena Metlege Diab on Parliament Hill on June 5. The IRCC says the Immigration Minister would be involved in decisions relating to the most serious offences.Adrian Wyld/The Canadian Press
More than 17,500 foreigners have had their criminal convictions forgiven by the Immigration Department over the past 11 years, removing a bar to coming to Canada, federal government figures show. The disclosure has raised transparency concerns about the type of offences they committed.
Foreigners are, in general, inadmissible to Canada if they have been convicted of an act that is considered a criminal offence in this country. But Immigration, Refugees and Citizenship Canada (IRCC) has the power to grant an exception if five years have elapsed since a person was convicted or finished a sentence.
Government figures show that in the 11 years up to and including 2024, 17,600 people convicted of criminal offences abroad were considered “rehabilitated” by IRCC. This meant they were able to apply to enter Canada, including through work and study visas, as permanent residents or visitors.
IRCC has not, however, released a breakdown of the kind of criminal offences that were forgiven. It said in a statement to The Globe and Mail that the Immigration Minister would be involved in decisions relating to the most serious offences.
Passport and visa details could be shared with police, U.S. under border bill, critics warn
Twelve IRCC employees tried to interfere with immigration files, misconduct report finds
Last year, 1,390 people had their criminal convictions forgiven by IRCC, while 105 applications were refused. In 2023, 1,505 people were considered to have been rehabilitated, while 70 applications were rejected.
Conservative immigration critic Michelle Rempel Garner said there needs to be more transparency about the type of convictions being forgiven and the circumstances of each case “if the public is going to have any confidence in the immigration system’s vetting process.”
“There have been questions about the adequacy of vetting of many classes of people entering Canada,” she said, adding that she may raise the issue at the Commons immigration committee when Parliament returns from its summer break.
Foreigners applying to have their crimes forgiven must show that they are unlikely to take part in future criminal acts, according to IRCC.
The department considers the number of offences and the circumstances and seriousness of each one, IRCC said, as well as the applicant’s behaviour since the crime was committed.
IRCC said it also looks at the “support they receive in the community,” as well as the applicant’s current circumstances.
“The decision to approve or refuse an application for rehabilitation for less serious offences is generally made by an IRCC official with the appropriate delegated authority, while decisions for more serious offences are made by the Minister of Immigration, Refugees and Citizenship,” IRCC spokesperson Nancy Caron said.
To protect Canadians and in the interest of transparency, IRCC should be open about what type of convictions have been forgiven, said Richard Kurland, an immigration lawyer based in Vancouver.
In many cases – particularly convictions in authoritarian states for political offences – rehabilitating a person is justified, he said. Some crimes are minor, he added, and committed decades ago by people who have never reoffended.
But he said applicants convicted of “crimes against the person,” including sex offences and domestic violence, should face a higher level of scrutiny.
“If they enter Canada and cannot be removed for a considerable period of time, people could be at risk,” he warned.
The issue is highly relevant, he said, as people with criminal convictions facing deportation from the United States may seek to come to Canada.
U.S. President Donald Trump’s administration has been focusing its resources on deporting migrants with criminal convictions. Last week, it won a legal victory in the U.S. Supreme Court that allows the Department of Homeland Security to deport illegal immigrants to third countries, such as El Salvador, that have agreed to accept them.
“Receiving approval to overcome a criminal inadmissibility is only one part of determining whether or not a person can enter or remain in Canada,” IRCC’s Ms. Caron said. ”Once they have been approved for rehabilitation, they will need to meet the requirements for applicants seeking entry as a temporary resident or permanent resident.”