sarahemi73

Could someone please advise. Just received Police Certificate and on the same date at one hearing there were 2 fines imposed for the same heading of possessing controlled drug. Only one date, one court name but 2 seperate fines. For immigration purposes is this classed as 1 offence. Just clearing our situation for application for rehabilitation. Would really appreciate any help. Last question on this subject, honest!! cheers

Simon Legree

Haven't you already asked this question in another thread in the Canada section ?

sarahemi73

Yeah, but I was told to start my own thread and not to hijack someone elses. Just was unsure how to start a new thread. Last time i tried I was told I was unable to make a post as I was new here.

Former Lancastrian

Without seeing the ACPO its hard to say. Is one a fine and one court costs.
I find it strange if just one possession charge they would impose 2 x fines for a conviction as opposed to probation and a fine or suspended jail sentence and a fine.
Depending on the drug and when sentencing occurred you could be inadmissible into Canada as per section 4(1) Controlled drugs & Substances Act. More info is required.

sarahemi73

Thanks for replying.
Written as,
Date Offence court Disposal
1993 1.possessing name of court amount of fine
controlled drug

2. possessing fine (amount)
controlled drug costs (amount)

Hope this makes sense.
First line states date, court and disposal with an amount. 2nd line has no date or court name and then fine with an amount and then costs with an amount.
Do you understand this?
Thank you again for help.

sarahemi73

That didn't display as typed?. Do you still understand?

Former Lancastrian

Based on the info you have provided I wonder if 2 x drugs were involved in the possession charge. If just one possession charge and 10 years has elapsed since sentence imposed was completed then you would be deemed rehabilitated.

Jim Humphries

To a visa officer this will be seen as two counts not one.

sarahemi73

I think the conviction was for mdma and cannabis on the same offence and court hearing. Would that count as one offence for immigration or 2. Also in the uk this would not be spent until 20 years had passed. Is this the case for Canada? thanks

Novocastrian

Well, I don't. Try again?

sarahemi73

Sorry Jim, wrote that after your post. So if seen as 2 convictions even as a result of one hearing and after 19 years that would still be unfavourable for immigration officials? thanks

sarahemi73

Novocastrian, you don't what?. Sorry didn't understand your reply

Former Lancastrian

MDMA (Ecstacy) is a schedule III drug in Canada. Cannabis is a schedule II drug and it would depend on the amount in grammes if it becomes an indictable offence. Schedule III drug is indictable.

having been convicted outside Canada of an offence that, if committed in
Canada, would constitute an indictable offence under an Act of Parliament,
or of two offences not arising out of a single occurrence that, if committed in
Canada, would constitute offences under an Act of Parliament
A36(2)(b)

Novocastrian

Understand your post about what the police report says.

sarahemi73

No amount listed, but fines were for £1200 and £200. Not sure how that would equate for us. Is it 2 offences, if it is are they both indictable or is it all one offence. Makes a big difference. Also why is it 20 years to be spent in the uk. Because of this would 19 years not be enough for it to be spent in Canada?