For the Defense - Volume 1, Issue 3 - 2016 - 56

offense in accordance with the Canadian law. The offense may differ from a country where the offense was committed. An offense committed in another country may not be considered a federal offense in Canada. For example, convictions with no equivalence in Canada include spitting on the street in Singapore or adultery in the Philippines. These are examples of criminal offenses that will not be considered by the Canadian immigration officers. If the applicant has committed an offense and at least five years have passed since their sentence was completed, then the applicant is eligible to apply for rehabilitation regardless whether it was a serious or non-serious offense. An offense is generally considered serious if it involved sex or the use of weapon, resulted in bodily harm or involved drug trafficking. The approval rate of an application depends on the severity and the number of offenses committed. Generally, the more offenses an applicant has been convicted of, the less likely they will be granted a criminal rehabilitation. Thus, although the applicant can apply for a criminal rehabilitation after five years have elapsed, numerous and serious convictions are more likely to bring additional challenges in the application process thereby decreasing the applicant's chances of success. Most importantly, in order to permanently remove the grounds of criminal inadmissibility the applicant has to demonstrate a number of rehabilitation standards - including an explanation of the offense committed, circumstances of rehabilitation, employment and community ties. It is highly advisable that the applicant provides a personal statement explaining, in detail, why the offense was committed, the events that led to the conviction and the circumstances surrounding the commission of the offense. It is crucial to explain that the offense was an isolated event that will not be repeated. A detailed reflection about previous criminal activity and a thorough demonstration of the applicant's new lifestyle after their last conviction will be helpful. Moreover, the applicant needs to convince Canadian officials that they no longer pose a threat to Canadian society. A mere passage of time is not sufficient proof that the applicant will 56 For The Defense | Vol. 1, Issue 3 not re-offend in the future. In other words, the evidence should demonstrate that the individual has been rehabilitated since the commission of the offense. For example, it is helpful if the offender has participated in a drug/alcohol rehabilitation programs or/and anger management programs. The application should explain how these programs have helped to address criminal conduct in the past. Additionally, it is valuable to include medical documents and/or proof from a rehabilitation agency describing mental and physical improvement. Furthermore, an applicant should describe employment and provide references from community members attesting to their good moral character, respectable behavior and overall well-being. These may include the applicant's employment history and proof of the activities in which the applicant currently participates. The documents submitted should support the argument that the risk of re-offending is highly unlikely. IV. More than 10 Years after Completion - Deemed Rehabilitation Individuals who have been convicted of only one (hybrid or indictable) offense outside of Canada, may be deemed rehabilitated if 10 years have passed since the date that their sentence was completed (including probation, the payment of fines or any driver's license suspensions).7 Deemed rehabilitation only applies to individuals who have been convicted of a single offense which was not equivalent to a serious offense under Canadian law. The offense is considered to be "serious criminality" if the maximum sentence for the equivalent offense in Canada is 10 years or more.8 (IRPA S.36 (1)). If the individual was convicted of more than one offense or a serious offense under Canadian law, deemed rehabilitation would not apply. An individual with a serious offense on their record will always have to undergo criminal rehabilitation, even if it is the only offense on their record. Deemed rehabilitation also applies if an individual has two offenses on their record that are considered to be very minor offenses, categorized in Canada as "summary offenses." If an individual

Table of Contents for the Digital Edition of For the Defense - Volume 1, Issue 3 - 2016