Organization: Immigration, Refugees and Citizenship Canada
Year: 2024
Month: May
Request Number: A-2022-31779
Request Summary: Up to December 2, 2022. The following paragraph appears in policy as it relates to Section 36 of the Immigration and Refugee Protection Act. "You may be deemed to have been rehabilitated if at least ten years have passed since you completed the SENTENCE imposed upon you, or since you committed the offence..." 1. We are requesting the internal policy directive, officer instructions, internal memo, wikipage, or glossary that defines the word 'sentence' or provides officers with instructions on how to determine when the 'sentence' ends as it relates to serious criminality or criminality (IRPR section 36). 2. We are requesting any internal policy directive, officer instructions, internal memo, wikipage, or glossary the provides officers with instructions on how calculate when the 'sentence' has been completed if the offence equates to serious criminality or criminality as outlined in IRPR section 36 AND the individual is placed on or would be placed on the Registry in conjunction with the Sex Offender Information Registration Act (S.C. 2004, c. 10) because the offence equates to Section 490.011 (1) of the Criminal Code (R.S.C., 1985, c. C-46). 3. We are requesting any internal policy directive, officer instructions, internal memo, wikipage, or glossary that instructs officers on how to evaluate inadmissibility if an individual is found to have committed an offence that would result in registration as per the Sex Offender Information Registration Act (S.C. 2004, c. 10). (note: Our request is based more on how officers are instructed to evaluate applications involving someone who would be put on the Registry. The main problem is that the way Immigration calculates a `sentence¿ determines what kind of application I can submit on behalf of a client. Long story short, we don¿t want to submit applications that we know will fail simply on the basis that the passage of time has not met the test. The problem with the Registry is that no one seems to know if it¿s considered part of the Sentence or if it¿s something ancillary. Because a person could have finished their incarceration in 2 years but be on the Registry for 20 years, we don¿t know if we have to wait 12 years or 32 years to meet the test. No reason to charge people to submit applications that we know will fail automatically on the basis of time.)
Disposition: Disclosed in part
Number of pages: 63