Criminal inadmissibility for... brass knuckles? A Canadian perspective on this situation
A seemingly harmless item at first glance but the consequences can cross out your immigration plans.
Recently, a client approached me with a tough situation he found himself in. He had a criminal record for... carrying brass knuckles. In his home country, this is regulated by the Article 263 of the Criminal Code. So he received one year in prison for carrying brass knuckles. Sounds harsh, but the most important thing is the consequences when immigrating to Canada.
Is there an equivalent of such an article in Canada?
Yes, and even more serious. According to the Criminal Code of Canada, a similar situation is regulated by the Article 91(2) - Unauthorized possession of prohibited weapon. And yes, brass knuckles are officially included in the list of prohibited weapons in Canada.
What is the penalty for this in Canada?
Violation of the Article 91(2) is punishable by up to 5 years in prison. That is, this is not just an administrative or “mild” offence, it is a full-fledged criminal offence that leaves an extremely unpleasant mark on your biography.
What does this mean for immigration?
Simply speaking this creates the so-called Criminal Inadmissibility — an official basis for refusing entry or status in Canada.
Canadian laws operate on the principle of the offences equivalence. If an action is classified as criminal in your country, and Canada has a similar article, so then consider that the consequences extend to the Canadian territory as well.
Are there any exceptions?
Yes, but very limited. An exception is provided only if a person has obtained all the necessary licenses or permits within a reasonable time after acquiring the prohibited item. But the situation with brass knuckles is almost hopeless: they are on the list of prohibited items, for which even licenses, in fact, are not provided for ordinary citizens.
There is a way out, but the path is thorny
If you have a similar situation:
- Do not give up
- Consultation with a specialist is mandatory
- Criminal Rehabilitation may be considered, but only after a certain period of time and subject to all conditions
- Some situations require applying for a Temporary Resident Permit (TRP) - a temporary entry permit in the presence of criminal inadmissibility
Important to understand: Each case is unique. You cannot rely on templates or advice “from friends”. Every detail matters here: deadlines, wording, rehabilitation process.
If you have something similar in your biography, do not hesitate contacting us. It is better to sort out the situation at the very beginning than to get a refusal while your immigration case is already being processed.
Oleksandra Melnykova, Immigration and Refugee Consultant in Canada
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