Legal Question in Criminal Law in New York

Re: Bench warant

A visitor to Canada is not admissible on the basis of certain criminal history.

In respect of a prior criminal past, there may be a limited discretion to admit someone for up to 30 days. Irrespective of any recorded criminal there may be a discretion to exclude undesirable individuals.

A visitor is inadmissible if he or she were convicted in Canada of any offence that could be prosecuted by indictment, irrespective of how it is prosecuted. This includes most offences, for instance, impaired driving, assault, and shoplifting.

For offences in Canada, there must be an actual conviction. However, offences committed elsewhere do not require a conviction. Thus, if there is a criminal warrant for a person's arrest in New York, Canadian immigration authorites may inquire and conclude the offence was actually committed, and refuse entry on that basis.

If the warrant is in Canada, immigration authorities will probably arrest the visitor on the basis of the warrant. However, if the warrant was issued at some distance from the port of entry, the police in that distant jurisdiction may not want to go to the expense of returning the individual. The visitor will then be released from custody, but immigration authorities may want to exercise their discretion and refuse that person entry.