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Criminal Conviction Eligibility for Work in Canada?

Criminal Conviction Eligibility for Work in Canada?

Old Dec 4th 2012, 8:11 am
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Default Criminal Conviction Eligibility for Work in Canada?

Hi There,

I Would be grateful for some advice regarding a criminal conviction I have on my police record and how this may or may not affect my eligilility to work in Canada?

I recently joined a company based in Manchester and part of the recruitment process was a standard CRB check. I was honest in my application and it was not a problem for the employer and I got the job.

I am now considering a move to Canada (not with my current employer). I received a copy of the standard disclosure of my CRB report and my conviction was displayed on there (as much as I thought it would be).

In February 2009 I was involved in a Sunday morning football match in which I ending up in a fight with one of the opposing players. Something which I obviously regret in hindslight. Any way it went to court and I was convicted with Actual Bodily Harm (ABH).

So that will be coming up to 4 years ago in February 2013. I think after 5 years i will not have to declare this on any job application form. However in regards to being granted a work permit in Canada I will most likely have to declare this.

Most people on this site have posted threads relating to cautions. This is a conviction. Am I still eligible to apply? Or is it an automatic NO e.g. application will be rejected? Or is each application based on its individual merits?

I was thinking of calling my local Canadian Consulate whom I sure will know but just wondered if anyone on here had any more ensight..?

Cheers.
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Old Dec 4th 2012, 8:21 am
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Default Re: Criminal Conviction Eligibility for Work in Canada?

You would need to apply for rehabilitation to apply I believe.

http://www.cic.gc.ca/english/informa...conviction.asp
http://www.cic.gc.ca/english/informa...ns/rehabil.asp
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Old Dec 4th 2012, 8:25 am
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Default Re: Criminal Conviction Eligibility for Work in Canada?

I would suggest reading these, it would depend if your conviction was interpreted as a simple assault or an aggravated assault:

http://www.cic.gc.ca/english/informa...conviction.asp

http://www.cic.gc.ca/english/informa...bilitation.asp

http://laws-lois.justice.gc.ca/eng/a...-128.html#h-83

265. (1) A person commits an assault when
(a) without the consent of another person, he applies force intentionally to that other person, directly or indirectly;

Assault

266. Every one who commits an assault is guilty of
(a) an indictable offence and is liable to imprisonment for a term not exceeding five years; or
(b) an offence punishable on summary conviction.

Aggravated assault

268. (1) Every one commits an aggravated assault who wounds, maims, disfigures or endangers the life of the complainant.

Marginal note:Punishment

(2) Every one who commits an aggravated assault is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

Regardless, you would not be 'deemed' rehabilitated nor be able to apply for rehabilitation until at least 5 years have passed since serving a sentence or paying a fine and possibly 10 years, dependent on what the interpretation is to the Criminal Code.

I would suggest once the 5 year period is up, you make an application regarding deemed rehabilitation choosing "for information only" and see what it comes back with.

Others people will no doubt be able to advise you further.. this is just to keep you going.

Edit: Sorry Iaink - I was writing as you were posting and I didn't see it

Last edited by Siouxie; Dec 4th 2012 at 8:36 am.
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Old Dec 4th 2012, 8:41 am
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Default Re: Criminal Conviction Eligibility for Work in Canada?

Thanks Siouxie,

All good stuff.

The incident was deemed to be non-grevious e.g. it was not pre-meditated. Personally I felt provoked into my actions. However I was told only as a last resort should I use violence. Believe me its sounds alot worse that what actually happened. Anyway the Football Asscoiation were having none of it and they said this sort of behaviour will not be tollerated. AND I DO AGREE with them to be fair. Very young and niave at the time.

Anyway we digress... yes I believe the offence is spent under the Rehabilitation of Offenders Act 1974 after 5 years for 'ABH' so that will be Feb 2014

However I wasn't aware that I would not be able to apply to work abroad (Canada in this instance) until that is served in the UK. Strange..

Last edited by mea84; Dec 4th 2012 at 8:44 am.
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Old Dec 4th 2012, 10:01 am
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Default Re: Criminal Conviction Eligibility for Work in Canada?

Originally Posted by mea84
Thanks Siouxie,

All good stuff.

The incident was deemed to be non-grevious e.g. it was not pre-meditated. Personally I felt provoked into my actions. However I was told only as a last resort should I use violence. Believe me its sounds alot worse that what actually happened. Anyway the Football Asscoiation were having none of it and they said this sort of behaviour will not be tollerated. AND I DO AGREE with them to be fair. Very young and niave at the time.

Anyway we digress... yes I believe the offence is spent under the Rehabilitation of Offenders Act 1974 after 5 years for 'ABH' so that will be Feb 2014

However I wasn't aware that I would not be able to apply to work abroad (Canada in this instance) until that is served in the UK. Strange..
Whilst you may be inadmissible to Canada (unless you obtain a TRP) that may not preclude you from other countries. Do be aware in regards to deemed rehabilitation that it is what the offence is under the Canadian Act (as in whether it is deemed a summary or indictable conviction) and not what the British laws state.

You could also look at this:

http://www.cic.gc.ca/english/informa...TOC.asp#5312E5 if you wished to visit paying attention to the section "Coming to, or remaining in Canada without approval of rehabilitation"


Last edited by Siouxie; Dec 4th 2012 at 10:06 am.
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Old Dec 5th 2012, 1:10 am
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Default Re: Criminal Conviction Eligibility for Work in Canada?

Originally Posted by mea84
However I wasn't aware that I would not be able to apply to work abroad (Canada in this instance) until that is served in the UK. Strange..
Its not really strange, there are lots of people without convictions that want to come to Canada.
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