Program delivery update: Implications of the Tran v. Canada decision when assessing serious criminality
This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.
November 14, 2019
Following the Supreme Court of Canada decision in Tran v. Canada (Public Safety and Emergency Preparedness), 2017 SCC 50, new instructions are available for officers in the assessment of serious criminality inadmissibility under subsection 36(1) of the Immigration and Refugee Protection Act (IRPA).
Notably, these instructions include details on how and when to determine the “maximum term of imprisonment” in subsection A36(1), as they refer to the maximum term of imprisonment available at the time of the commission of the offence and not at the time of sentencing or the time of admissibility assessment.