Criminal Penalties & Sentencing Guide
Offense procedures, maximum jail terms, statutory fines, and immigration consequences under Canadian federal law.
Offense Directory
Sentencing, Fines & Immigration Consequences
Select an Offense
Select a criminal offense from the left and click View Sentencing Guide.
Canadian Criminal Offense Classifications
| Procedure Type | Severity | Max Jail | Max Fine | Examples |
|---|---|---|---|---|
| Indictable Offenses | High | Up to Life Imprisonment | Unlimited / Judicial Discretion | Murder, Aggravated Assault, Fraud over $5k, Drug Trafficking |
| Summary Conviction Offenses | Low | Up to 2 years less a day (changed from 6 months in 2019) | Up to $5,000 | Minor trespass, causing a disturbance, petty vandalism |
| Hybrid Offenses (Dual Procedure) | Crown Decision | Varies — Crown elects summary or indictable procedure | Varies based on procedure elected | DUI, Assault, Theft Under $5k, Mischief |
Immigration Consequences & Pathways to Rehabilitation
The Immigration and Refugee Protection Act (IRPA) has two main inadmissibility thresholds:
- Section 36(1) — Serious Criminality: Applies if the offence is punishable by a maximum of 10+ years in Canada, or the person was sentenced to 6+ months in prison. This includes murder, sexual assault, aggravated assault, drug trafficking, and since 2018, impaired driving (DUI). PRs convicted under this section lose their PR status.
- Section 36(2) — Criminality: Applies to foreign nationals (not PRs) convicted of two or more summary offences, or one indictable offence punishable by up to 10 years. This affects visa applications and entries but does not automatically revoke PR status.
Criminal Rehabilitation (CR) is a formal application to IRCC that, if approved, permanently removes your inadmissibility. Key requirements:
- Waiting period: At least 5 years must have passed since you fully completed your entire sentence (including probation, suspended sentences, fines, and driving prohibitions).
- For serious criminality (e.g., DUI post-2018, aggravated assault): Application fee is $1,000 CAD.
- For non-serious criminality: Application fee is $200 CAD.
- Once approved, CR is permanent. You will no longer be considered inadmissible for that offence.
A Temporary Resident Permit (TRP) is granted at the discretion of a border officer or IRCC officer when a person who is otherwise inadmissible has a compelling reason to enter or stay in Canada. Examples include attending a business meeting, visiting a critically ill family member, or undergoing medical treatment.
A TRP is a temporary measure only. It does not erase the underlying inadmissibility. Once the TRP expires, the person reverts to being inadmissible. Criminal Rehabilitation is the only permanent solution.