Temporary Resident Permit Bad Check Canada | Application for Criminal Rehabilitation Bad Check

Marc Laforce, Certified Canadian Immigration Consultant

What is the equivalent of a "Bad Check" conviction in Canada?

The formal term used for a "Bad Check" under the Canadian Criminal Code is "Presumption from cheque issued without funds".

Bad Check offences in Canada are treated as "False Pretences" under Section 361 of the Canadian Criminal. If the Bad Check in question is over $5000, a guilty verdict is punishable for up to ten years. If it is $5000 or less, a judge has the discretion of punishing the responsible as an indictable offence (felony offence) with imprisonment for a term not exceeding two years or as a summary offence (misdemeanor offence) with an unspecified fine.

Can a "Bad Check" make me inadmissible for entry to Canada?

Unfortunately, a Bad Check charge, is either treated as a felony offence in Canada, if the value of the check is greater than $CAD 5000, or as a "hybrid offence", if the value is equal to or less than $CAD 5000 (remember to calculate the correct equivalent Canadian currency at the time of the offence).

A hybrid offence under the Canadian Criminal code gives a judge the discretion of convicting the guilty as an indictable offence (the equivalent of a felony offence under the US criminal system) or as a summary offence (the equivalent of a misdemeanor offence).

For the purposes of entry to Canada, whether as a business visitor, tourist, work, study or permanent resident, hybrid offences are treated as felony offences under Section 36(3) of the Immigration Refugee and Protection Act (IRPA). In short, even if convicted of a Bad Check misdemeanor offence with a $50 fine, a traveler is deemed inadmissible to Canada on the count of our hybrid system.

It gets worse, even if the charges were ultimately dropped, you may still be inadmissible to Canada under Section 36(2)(c) of IRPA which states that a mere "act" outside Canada (as opposed to a "conviction") can make a non-Canadian admissible to Canada.

What to do if charged of a Bad Check?

Call Us!

Bad Check offences remain one of the top inadmissible cases for US residents. We have thus considerable experience in dealing with this particular offence and have learned to know what works and what doesn't.

Our Firm can assist you in getting the Bad Check offence permanently resolved by way of a Criminal Rehabilitation application to a Canadian Consulate or Embassy, or, if your travel is urgent and compelling, of finding a lawful entry solution by way of a Temporary Resident Permit.

Either way, we do not recommend that you prepare an application or permit without at least consulting a licensed admissibility expert in the field.

To schedule a consultation, contact Serena Mergeani at serena@marclaforceccic.com.