Registration is open for most 2026 courses. Annual Memberships and passes will be released January 1, 2026, with special pricing throughout January.
Registration is open for most 2026 courses. Annual Memberships and passes will be released January 1, 2026, with special pricing throughout January.
Included with our Passes – Learn more
Lisa Middlemiss and Amandeep Hayer
February 11, 2026 at 12:00pm EST
$90
3 hours
Attend Live Online and On-Demand Recording
This course provides a detailed and practical roadmap for evaluating criminal inadmissibility under s. 36 of the IRPA and advising clients with foreign or domestic criminal records. Participants will learn how to identify potential inadmissibility during consultations, distinguish between criminality and serious criminality, and conduct accurate criminal equivalency analyses using foreign legislation and the Canadian Criminal Code. Through common fact patterns—such as DUIs, dangerous driving, cannabis offences, fraud, and hybrid offences—the instructor will guide practitioners in applying key case law, including the Supreme Court’s decision in Tran v. Canada, and understanding the heightened consequences of DUIs following Bill C-46. The course also addresses responding to procedural fairness letters, advising temporary and permanent residents on recourse options, and preparing TRP and Criminal Rehabilitation applications. Additional considerations such as citizenship prohibitions and potential H&C arguments will also be covered.
• What is criminal inadmissibility?
• Definitions: s. 36(1) v s. 36(2) v 36(3) IRPA
• How to identify it during consultations
• -mportant tips for retainer agreements
• What constitutes a conviction versus other dispositions which do not trigger inadmissibility
• Pure summary conviction offences
• Indictable offences
• The most common: hybrid offences
• Regular criminality versus serious criminality : review of maximum sentences
• Assessing foreign convictions
• Identifying the relevant provision in the Canadian Criminal Code or in other legislation
1. How to do an equivalency analysis of US or other foreign legislation and Canadian legislation
2. Driving Offences:
a. Difference between Dangerous Driving and Careless Driving
b. DUI – The “right of passage” of all Americans
c. The decision of the SCC in Tran v. Canada (Public Safety and Emergency Preparedness) 2017 SCC 50:
i. Conditional sentence as a term of imprisonment under s. 36(1)(a) IRPA
ii. Maximum term of imprisonment of at least 10 years in the IRPA refers to time of sentencing, not at the time the admissibility to Canada is assessed
d. Impact of entry into force of Bill C-46 on December 18, 2018 resulting in increasing the impact of DUI offences (serious criminality)
• Cannabis
• DUIs and Dangerous Driving
• Graffiti
• Fraud (white collar crime)
• More serious crimes
• When the duty to disclose arises
• Receipt of PFLs: Addressing criminal inadmissibility through submissions
• When to apply for temporary resident permit
• What kind of criminal offences result in inadmissibility
• Recourse in the case of inadmissibility
• What kind of offences lead to inadmissibility
• What appeal rights to permanent residents have to the IAD
• How can you challenge a s. 44 report at the Federal Court of Canada
• What kind of discretion does the Minister or her delegate have
• Advising the client regarding precursor documents to gather (ie federal and state police certificates)
• Character reference letters
• Statement of events
• Dealing with the Visa and port of entry
• Chances and strategies for success
• Deemed v individual rehabilitation
• Solo or in combination with a Criminal Rehabilitation application
• Advising the client regarding precursor documents to gather (ie federal and state police certificates)
• Applying to the Visa or Port of Entry
• Applying at the Canadian port of entry
• Chances and strategies for success
• Prohibitions on Citizenship
• H&C Grounds to overcome inadmissibility
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Principal Lawyer
Middlemiss Immigration Law
Lisa Middlemiss is the principal lawyer at Middlemiss Immigration Law which she founded in September 2024. Previously, Lisa worked at Gomberg Dalfen, a boutique immigration law firm in Old Montreal for 11 years, first as Associate and then as a Law Partner. She initially joined the firm as a student in 2010 and subsequently articled at the firm. Called to the Quebec Bar (Barreau du Québec) in August 2013, Lisa has been practising exclusively in Canadian immigration and citizenship law ever since.
Lisa completed civil law and common law degrees in 2012 at McGill University’s Integrated Law Program in Montreal. She was awarded her bachelor of arts in polit- ical science in 2008 from Simon Fraser University in Burnaby, British Columbia and completed a related university exchange in 2006 at l’Institut d’Études Politiques in Lille, France.
Throughout her practice in immigration and citizenship law, Lisa has been involved with the Canadian Bar Association (CBA). She initially served as vice-president and then president of the Quebec Branch of the CBA’s Immigration Law Section. Subsequently, Lisa was elected as a table officer of the CBA’s National Immigration Law Section’s executive, holding the lock-step positions of secretary/communications officer, vice-chair, chair, and immediate past chair.
Lisa has co-authored with Amandeep Hayer the Emond publication Maintaining Permanent Residence and Acquring Citizenship.
Before attending law school, Lisa worked for the International Policy and Agreements Division of Human Resources and Social Development Canada in Ottawa, which gave her an appreciation for the civil service.
Principal Lawyer
Hayer Law
Amandeep Hayer is the Principal of Hayer Law in Langley, British Columbia, where he has led his practice since 2022, bringing extensive experience representing individuals, families, and businesses in Canadian immigration matters. Called to the Alberta, British Columbia, and Colorado Bars, he serves as an executive member of the CBA’s BC Immigration Law Section and has appeared as an expert witness before the House of Commons Citizenship and Immigration Committee.
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Absolutely. Every LPEN course is recorded, and the recording is added to your account within a few business days. You can log in anytime to watch it on demand and still receive your digital certificate of completion.
LPEN seeks accreditation for each course from the College of Immigration and Citizenship Consultants (CICC) and the Law Society of Ontario (LSO),the Law Society of BC (LSBC) when applicable. Accreditation details and approved CPD hours are listed in the CPD Credits section on each course page, so you can easily confirm how the course qualifies toward your professional development requirements.
A digital certificate of completion will be available once the course recording has been uploaded. After that, you can follow the steps at the top of your My Courses page—where you’ll also find a short video explaining how to download your certificate. Be sure to save it as part of your documentation for your CPD hours.
This course may be included in one or several LPEN Passes. Passes offer discounted rates and access to multiple courses, making CPD compliance simpler. Check out our Passes page to see where it is included.
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