emmapenny1983

Hi
My husband has been offered the opportunity to relocate to nova scotia and the company are going to relocate our family also.
My question is I was arrested when I was 18 for a fight outside a bar where a boy tried to get very grabby with my little sister and when she said no and pushed him away he slapped her so I punched him and a group of both sides started fighting but myself and friend and sister were the ones arrested I know it should never have happened and I wish it hadn't but it did. I was convicted and fined I am waiting for the police pnc to come to see exactly what it was common assault or abh. This happened 16 years ago and I have never been in trouble since.
I am so scared this has messed up my husband's opportunity.
Grateful for any help and advice.
Many thanks

plasticcanuck

It probably shouldn't be an issue after 16 years. You are probably deemed rehabilitated here's the Gov't of Canada's info on the matter. http://www.cic.gc.ca/search-recherche/index-eng.aspx?search=basic&query=Rehabilitation&s=0&l=e

Former Lancastrian

Dependent on the type of assault you could be deemed rehabilitated or you will need to apply for individual rehabilitation at a cost of $1000 as assault causing bodily harm under section 267 or 269 of the Criminal code mentions a sentence of not exceeding 10 yrs so therefore a serious criminal offence and you will never be deemed rehabilitated.

Without seeing the actual charge convicted of its impossible to say if it would be treated under section 266, 267 or 269 as found in this link


Criminal Code

emmapenny1983

Thanks folks,
I have a copy of my sister's report here she thinks mine is only common assault but is unsure, I am waiting on my pnc coming to see.
Based on hers would I have to be deemed rehabilitated first before applying?
It says-

convictions
Northern Ireland criminal record
North Antrim magistrates court 12/05/2003
Common assault on adult 09/04/2002 - fine £75

Assault occasioning actual bodily harm 09/04/2002 - fine £100

No other information found.

I have tried to upload the picture of it but don't know how.
Any help gratefully appreciated thanks

Grunff

I would be amazed if this was an obstacle for you, so my recommendation is to not worry about it for now.

On the plus side, your punching skills should come in handy in NS.

(jk. It's a lovely place)

emmapenny1983

Hahaha Grunff 😂
Never again scared me enough the first and only time.
I just hope I haven't ruined my husband's biggest opportunity he has ever had 😓
Thanks again

emmapenny1983

Thanks plasticcanuck that's very helpful

emmapenny1983

Thanks former lancastrian,
I have included my sister's charge on this thread she was charged the same night but doesn't think I was convicted of abh only of the common assault.

Siouxie

You would need to check your convictions against the Criminal Code of Canada and what it states there, then see if you qualify for deemed rehabilitation or require an application.

http://laws-lois.justice.gc.ca/eng/a...3.html#docCont
Criminal Code

Deemed rehabilitation and http://www.cic.gc.ca/english/informa...TOC.asp#5312E4

If you are unsure, you could put in an application for rehabilitation and tick the box 'for information only' - you should receive a response in a matter of weeks which will tell you if you would need to apply in full or are deemed rehabilitated.

Regardless, do take what Former Lancastrian says to heart - he knows his stuff ..