Relevant criminal code in the Criminal Code of Canada

Ricardo’s Case
Ricardo, a citizen of Italy, was married to a Canadian and together they had a son. Unfortunately, the marriage didn’t work out so Ricardo went back to his home country of Italy. As a result of not maintaining his Canadian residency he lost his status as a permanent resident of Canada pursuant to 46 (1) (b) of IRPA.
Ricardo returned to Calgary often to visit his son and took him on various hunting trips to reconnect. Upon entering Canada 5 years ago, he neglected to declare a hunting rifle for his son which used to be his father’s. The officer discovered the firearm and questioned Ricardo regarding his intentions of importing the gun. Feeling embarrassed and irresponsible, Ricardo explained to the officer that he didn’t realize he was committing an offence and that it would never happen again. Despite Ricardo’s explanation, his case was referred to the Immigration Division. Ricardo was arrested and charged with a summary conviction. He paid a fine and was returned to his home country. Ricardo did nothing about this conviction.
Five years later, Ricardo attempted to return to Calgary for his son’s wedding. He applied for an Electronic Travel Authorization (e-TA), but it was denied. What does Ricardo need to do to come to Canada for his son’s wedding?
address the following:

  1. Find the relevant criminal code in the Criminal Code of Canada
  2. Specify the inadmissibility act imposed
  3. Explain why Ricardo is not allowed to enter Canada
  4. Ricardo has retained you for your advice. He wants to know if it would be possible for him to return to Canada for the wedding. What advice would you give him? Which application(s) would he need to submit in order to overcome his inadmissibility?

Sample Solution