Section 21 — Prohibition: serious criminal convictions — Citizenship Act — Canada — immi.wiki
Text of provision
21 Notwithstanding this Act, a person shall not be granted citizenship under section 5 or subsection 11(1), nor shall any person take the oath of citizenship, if the person has, within the ten years immediately preceding his application or at any time after his application,
(a) been convicted under any law of Canada or a province of an offence against Her Majesty in right of Canada or a province for which the person was sentenced to imprisonment for a term of five years or more;
(b) been convicted outside Canada of an offence that, if it had been committed in Canada, would constitute an offence against Her Majesty of the nature described in paragraph (a); or
(c) committed outside Canada an act or omission that constituted an offence against Her Majesty that, if it had been committed in Canada, would have constituted an offence against Her Majesty of the nature described in paragraph (a).
Plain English
Section 21 imposes a prohibition on citizenship for persons convicted of certain serious offences against the Crown. It is distinct from s 22 (which covers ongoing criminal proceedings) — s 21 applies retrospectively to past serious convictions.
Offences covered: The prohibition applies where a person has been convicted of an offence against Her (or His) Majesty in right of Canada or a Province — meaning offences under federal or provincial criminal law — and was sentenced to 5 years or more. Comparable convictions from outside Canada can also trigger the prohibition.
Look-back period: The prohibition applies to convictions within the 10 years immediately preceding the citizenship application, or at any time after the application is made. Convictions older than 10 years do not trigger the bar under s 21.
Section 21 complements s 22 (ongoing criminal proceedings). Together they prevent persons with a history of serious criminality from accessing citizenship.
Note on interaction with pardons/record suspension: A record suspension (formerly called a pardon) may affect the applicability of s 21 — a person whose conviction has been the subject of a record suspension may no longer be caught by the prohibition, depending on the specific circumstances.
Practical effect
Section 21 applies to serious convictions — those resulting in sentences of 5 years or more. In practice:
- Permanent residents with serious criminal histories must review their conviction history before applying for citizenship. If a conviction within the past 10 years resulted in a sentence of 5 years or more, citizenship is barred under s 21.
- Foreign convictions are also relevant. An offence committed outside Canada that would, if committed in Canada, carry a 5-year or more sentence may also trigger the bar.
- The interaction of s 21 with s 22 means that a person who is subject to an ongoing criminal proceeding (s 22(1)(a)) and who is eventually convicted and sentenced to 5 years or more will face both bars: first s 22 (while the proceeding is ongoing and during the sentence) and then potentially s 21 (after the sentence, within the 10-year look-back period).
Citizenship applicants with any criminal history should seek legal advice before applying.