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Difference between revisions of "Other Issues in Criminal Matters (1:VIII)"
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Other Issues in Criminal Matters (1:VIII) (view source)
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Each individual country controls entry to its territory and the impact of a criminal record will vary depending on where a person is trying to travel (and often the person working at customs!). Canada and the US share a great deal of intelligence, such as CPIC, and American authorities will use this information when deciding whether or not to admit a person. A criminal conviction could be grounds to deny entry. While discharges are not convictions under Canadian law, American authorities do not make this distinction. Also, information that is purged from CPIC, which was accessed by the American database prior to it being purged from CPIC, may not be erased from American databases. Thus, a criminal history could affect a person's ability to travel, but the exact impact will depend entirely on the policies of the host country. | Each individual country controls entry to its territory and the impact of a criminal record will vary depending on where a person is trying to travel (and often the person working at customs!). Canada and the US share a great deal of intelligence, such as CPIC, and American authorities will use this information when deciding whether or not to admit a person. A criminal conviction could be grounds to deny entry. While discharges are not convictions under Canadian law, American authorities do not make this distinction. Also, information that is purged from CPIC, which was accessed by the American database prior to it being purged from CPIC, may not be erased from American databases. Thus, a criminal history could affect a person's ability to travel, but the exact impact will depend entirely on the policies of the host country. | ||
===== Inadmissibility to the United States | ===== Inadmissibility to the United States ===== | ||
Admissibility to the U.S.A. is determined in accordance with the ''Immigration and Nationality Act'' (1952), Public Law No 82-414, 66 Stat 163) ("INA"). Section 212(a)(2)(A) of the ''INA'' states that a person is inadmissible if he or she commits a crime involving "moral turpitude" (i.e. shocks the public conscience; see ''Wing v United States'' 46 f2d 755 (7th Cir 1931) for a detailed definition), or violates any law relating to a controlled substance (as defined in section 102 of the ''Controlled Substances Act'' (21 USC 802)). A person is also inadmissible to the United States if he or she commits two or more criminal offences whose convictions have an aggregate sentence of five years or more. Finally, an immigration officer can deny entry into the US if he or she has "reason to believe" that the individual has committed drug trafficking, prostitution, or money laundering offences. | Admissibility to the U.S.A. is determined in accordance with the ''Immigration and Nationality Act'' (1952), Public Law No 82-414, 66 Stat 163) ("INA"). Section 212(a)(2)(A) of the ''INA'' states that a person is inadmissible if he or she commits a crime involving "moral turpitude" (i.e. shocks the public conscience; see ''Wing v United States'' 46 f2d 755 (7th Cir 1931) for a detailed definition), or violates any law relating to a controlled substance (as defined in section 102 of the ''Controlled Substances Act'' (21 USC 802)). A person is also inadmissible to the United States if he or she commits two or more criminal offences whose convictions have an aggregate sentence of five years or more. Finally, an immigration officer can deny entry into the US if he or she has "reason to believe" that the individual has committed drug trafficking, prostitution, or money laundering offences. | ||
:'''Note:''' A conviction as defined in s 101(a)(48)(A) of the ''INA'' includes any form of punishment, penalty, or restraint of liberty, which is ordered by the court. This means that conditional discharges and suspended sentences would be considered as convictions. Consult Chapter 18 – Immigration Law for more information. | :'''Note:''' A conviction as defined in s 101(a)(48)(A) of the ''INA'' includes any form of punishment, penalty, or restraint of liberty, which is ordered by the court. This means that conditional discharges and suspended sentences would be considered as convictions. Consult Chapter 18 – Immigration Law for more information. | ||
==== b) Elimination of records ==== | |||
All youth convictions are sealed at the time the person turns 18 years old. However, if a person is found guilty of an adult ''Criminal Code'' offence within 3 years following the completion of a sentence for a criminal youth summary conviction offence or within 5 years of completion of a sentence for a criminal youth indictable offence then their youth record is re-opened and remains part of the person's permanent record under youth convictions. | |||
:'''Note:''' The time calculation under this section of the Youth Court Justice Act is complicated. As such occasionally mistakes are made and if you see a Youth Record as part of a client’s criminal record the time requirements for re-opening that youth record should be double checked. | |||
A record suspension (formerly a pardon) allows people who were convicted of a criminal offence, but have completed their sentence and demonstrated they are law-abiding citizens for a prescribed number of years, to have their criminal record kept separate and apart from other criminal records. | |||
The waiting period for a record suspension is 5 years for all summary conviction offences and to 10 years for all indictable offences. | |||
Individuals convicted of sexual offences against minors (with certain exceptions) and those who have been convicted of ''more'' than three indictable offences, each with a sentence of two or more years, are ineligible for a record suspension. | |||
==== c) Record suspension ==== | |||
A record suspension (formerly a pardon) allows people who were convicted of a criminal offence, but have completed their sentence and demonstrated they are law-abiding citizens for a prescribed number of years, to have their criminal record kept separate and apart from other criminal records. The waiting period is: | |||
*5 years (after the sentence is completed) for a summary offence (or a service offence under the ''National Defence Act''). | |||
*10 years (after the sentence is completed) for an indictable offence (or a service offence under the ''National Defence Act'' for which you were fined more than $5,000, detained or imprisoned for more than 6 months). | |||
The Parole Board of Canada (PBC) charges $631 to process a record suspension application (certified cheque, bank draft or money order, payable to the Receiver General of Canada). You are also responsible for additional fees related to getting the following: fingerprints, copy of your criminal record, court documents, and local police record checks. | |||