chumley

is your police cert the old style or the new?
we have got both to be honest the new sort dont provide anything like as much info

do you remember which town you were living in? that should help

if you are waiting for an old style police cert my advice would be to start tracking down the court now as I know some can take weeks to respond ( I was lucky but that level of service is rare)
if its a new style then you will have it back within a day or two so that should help as it lists the court
back shortly to the link re canadian statutes
if I can find it or post your convictions if you like and I will give you the info
pm me if you prefer

all this is a nightmare believe me so im with you all the way!!!

we are going through exact same thing so you have my support
I have lived and breathed criminal rehab for so long shant know what to do with my life when its all sorted

spaceace

I agree, it's an absolute nightmare and quite embarrassing too!

I've only applied for the Police Crt this week, so it should be a new one

in 1990;
CRIMINAL DAMAGE - writing on a wall
THEFT - played slot machine without paying - looks like 342.1
GOING EQUIPPED FOR THEFT - found with implement to play slot machine without paying - looks like 342.2
POSSESSING A CONTROLLED DRUG - found with small amount of amphetamine sulfate

1990...not a good year

chumley

goodnews these are all just plain criminal and not serious criminal

so this means a hopefully quicker rehab process for you

I know where you are coming from re embarassment I could hang my husband I really could but then i would be inadmissable aswell

now technically I believe you are deemed rehab so long as you only got fines and you have paid them all off over 10 years ago.

so dont worry about any of this spoiling your PR application

how are you applying? if you are going PNP then some provinces still want you to do a full rehab application before they will let your application get to the federal stage
they will still process your pnp whilst you are waiting though and will give you your nomination before rehab is decided so if you are pnp then contact your pnp office for advice
its a good idea to get a letter from a uk solicitor stating that under uk rehab of offenders act your crimes are all spent and include copies of this in your applications even if your police check is clear

despite others saying canada doesnt recognise foreign pardons it does if its uk as canadian law is based on uk law
the problem we have is we have to wait for chc to confirm this on a case by case basis and the wait is so very very long!
will come back later with the statutes
and best of luck and keep us informed

the subject of criminal records and help is often ignored on here or shouted down or we are told we will never be allowed into canada etc etc etc etc but 1 in 4 off all brits have one
you are not alone!!

spaceace

thank you....I thought my offenses were not serious as I hold current Basic (BC), Counter Terrorist (CTC), National Non-Police Personnel (NPPV) and Security (SC) clearance in the UK for my work.

Non-custodial and fines all paid for over 10 years ago. I guess I'll need evidence from the courts.

I'm assuming I'll need to get this sorted before a TWP.

As for visas.....my head is in a spin, but my thoughts were to find a job in Alberta as I fall under one of the occupations under pressure, then get a TWP. Then once in, apply for a perm residence via AINP.

Or is there a better way?

chumley

spaceace I understand re your uk clearance husband the same and has worked for canadian government since his conviction
but for chc its still a nightmare
thing is its not what sentance you got in uk its canadian max sentance for that particular crime that they look at
eg you can get off with just probation for murder in the right circumstances but at the end of the day you are still a muderer extreme example but you know what I mean
yes I would get sorted asap saves any drama at a later stage
I know of someone who was fined for assualt 24 years ago and its seriously delaying his pr because he only applied for rehab 5 months ago and its still not sorted

part with the $200 and get it sorted once and for all if I were you
wish we had months ago it would have saved so much stress and money now!

JAJ

No you cannot.

chumley

jaj

in 1989 a dear friend of my mines mother was a battered wife for 20 plus years eventually she stabbed her husband and he died. She got 12 months probation.
there are perhaps surprisingly many such examples.

Twink001

Hi Folks,

well its 6 MONTHS today, we have been waiting for my OH`s rehab, including the bit where they lost the package...........so to all of you in the early stages of applying.............GET THE APPLICATION IN ASAP. As chumley says get as much evidence,references, court docs as you possibly can and remember to keep copies, just in case you have our bad luck!

We had to pay £40.00 each for my OH court docs (at least Dick Turpin wore a mask!!!! ), we had 3 convictions! It took about 3 weeks for them to send them - thing is the archives department is 5 mins drive my home!!

As for the extra 60 days we have to wait since they found the paperwork, well I`m not holding my breath - I wonder if anyone has had their rehab back who sent it in around the same time as us......beginning of April??

Best of British to you all !

Sue

chumley

twink
keep us informed really hope you do only have to wait the 60 days
wonder where they dreamt up the 60 days from

what is so infuriating is they wont give any timescales at chc

if only we had an idea on what date received cases they are now working on it would reduce the stress just a little

it is so hit and miss
I know of somebody who applied in october of last year and waited only 55 days for processing
have they really got that far behind in the space of one year:curse:

Twink001

Chumley,

it sounds as though they have got that far behind?
I will post a great big new thread if OR when we receive the news, you will hear me shouting about it from the roof tops!!

Sue x

spaceace

OK, this is what I've cobbled together from some research on various websites.........

UK - CRIMINAL DAMAGE (writing on a wall)
Canadian - Penalty Section 430(4) states everyone who commits mischief in relation to property, other than property described in subsection (3): is guilty of an indictable offence and liable to imprisonment for a term not exceeding 2 years; or is guilty of an offence punishable on summary conviction.

UK - POSSESSING A CONTROLLED DRUG (1st offense - found with small amount of amphetamine sulfate)
Canadian - Possession of amphetamines, LSD, mescaline, or psilocybin
Controlled Drugs and Substances Act Section 4(1)
Hybrid
Discharge Available - yes.
Maximum Penalty Summary - 6 months./$1,00 - 1st offence; 1 yr./$2,000 - subsequent offence 3 yrs.
Maximum Penalty Indictable 3 years.

UK - THEFT (played slot machine without paying)
Canadian - Theft, $5,000 or less.
Criminal Code Section 322,334(b).
Hybrid
Dischard Available - yes.
Maximum Penalty Summary 6 months/$2,000 fine.
Maximum Penalty Indictable 2 years.

UK - GOING EQUIPPED FOR THEFT (INTENT) (found with implement to play slot machine without paying)
Canadian - Theft, $5,000 or less.
Criminal Code Section 322,334(b).
Hybrid
Dischard Available - yes.
Maximum Penalty Summary 6 months/$2,000 fine.
Maximum Penalty Indictable 2 years.


Can anyone verify if I've got this right correct ?

Thanks

chumley

yes you are right on all counts
the important thing is max sentances less than 10 years

the prob many have with assault is the sentance is 10years and not less than which makes many of these never falling into the deemed rehab even if it was 30 years ago.

I know yours wasnt assault spaceace just mentioning this for the sake of others
im coming back to the link in a second sorry I doidnt post it earlier

chumley

here is the link

http://www.canlii.org/ca/sta/c-46/

these are the bits you need to print off for whatever offence and include with rehab application
plus you need to print off the uk equivalant
good luck all

spaceace

chumley, you are a star. thank you.

I've just spoken to the magistrates for my offenses and they seem to indicate they can dig out the gory details for my rehab form

thanks again, i'll keep you all posted.

mart2612

hi been watching this thread very carefully does my assault charge 22yrs ago drunk mean i haven,t much chance then as it,s ten years sentence in canada i was only fined £150 but was paid and released straight after ,this is getting very confusing for me as just about finalised land site for new house in NS:curse::curse: