If an individual has a criminal record and wants to apply for a Canadian passport it’s possible to obtain one as the passport acts as a proof of citizenship, a right to all Canadians. However, the individual will have to meet a variety of conditions and prove their eligibility to Passport Canada who has the final say on the decision. This process can be complicated depending on the nature of a person’s offense, how long ago it was, whether the applicant has engaged in recent criminal activity and more. Here is a comprehensive guide on obtaining a Canadian passport with a criminal record.
Eligibility
Those who cannot get a Canadian passport are denied one for the following reasons:
- They were charged with an indictable offence in Canada or another country – this includes minor offences in other countries that are indictable in Canada
- They are sentenced for more than two years while waiting for a trial – a person must be found not guilty by a judge before being eligible for a passport
- The individual is serving time part-time, on a temporary absence, work release, statutory release
- The individual that is forbidden to leave Canada or the territorial jurisdiction of a Canadian court
- The individual is on parole or probation in Canada or from another country’s prison system
- Previous criminal history of the applicant involves passport forgery or misinformation or a crime related to passports and offences under section 57 of the Criminal Code
- The individual that is indebted to the Crown for expense related to repatriation to Canada or for other consular financial assistance provided abroad by the Government of Canada
- The individual already has been issued a valid passport that has not been revoked
Revocation, Suspensions and Cancellations
If an individual has a criminal record and faces upcoming legal problems, is convicted of additional crimes or is involved in anything that is deemed unconstitutional in Canada, they can have their passport revoked, suspended or their application can be cancelled.
Travel
An individual who is eligible for a Canadian passport may not necessarily be allowed to enter certain countries with one. Each country has their own legislation regarding individuals with a criminal history. An individual may legally be able to obtain a passport in Canada but that does not automatically make them admissible to enter countries with just their Canadian passport and they may need additional documentation like a U.S entry waiver, if they are traveling to the U.S.
Pardon / Record Suspensions
A Canadian pardon/ record suspension is helpful for individuals who have completed their parole and probation periods, have finished their sentence and have completed the appropriate waiting period with good behaviour. If the crime an individual has committed is eligible for a pardon, a pardon will conceal their previous criminal history allowing them to obtain a Canadian passport easily with less hassle.
This will also help individuals planning to travel. A criminal history will not show up on the CPIC database when a person has successfully received a pardon / record suspension. This creates an opportunity for a person to improve their status at the border and gives them the right to keep their past information concealed. If a person is continually dealing with problems at the border, it is in their best interest to see if they are eligible for a Canadian pardon before traveling in the future.
PAC’s Ongoing Service Commitment
Email [email protected]
Schedule a Call https://www.pardonapplications.ca/schedule-a-call/
My Account Dashboard https://dashboard.pardonapplications.ca/