“Youth Offenders” refer to those between the ages of 12 and 18. Juvenile convictions typically do not lead to criminal inadmissibility, yet the unique circumstances of each case will allow for determining whether there is a potential for inadmissibility.
Youth Offenders will be admitted into Canada if…
– They were convicted in Canada under the Youth Criminal Justice Act or the Young Offenders Act (repealed), or
– Treated as a young offender in a country which has special provisions for young offenders, or
– Convicted in a country which does not have special provisions for young offenders, but the circumstances of the conviction are such that they would not have received an adult sentence in Canada. For example, if an individual had committed a minor crime at the age of 13 in a country that treats all offenders the same, regardless of age, they would be considered a “Young Offender”. The reason why is because if the same situation happened in Canada, the offender would go through the Juvenile or Young Offenders process instead of adult court/proceedings.
They are however, inadmissible if…
– They were convicted in adult court in a country that has special provisions for young offenders, or
– Convicted in a country which does not have special provisions for young offenders but the circumstances of your conviction are such that you would have been treated as an adult in Canada.
In any case, it is always a good idea to double check if your Youth record could cause any problems for you at the Canadian border. Feel free to call us for trusted legal advice to ensure your travels into Canada go smoothly.