Brigante

Hello there,

I am an English born, Italian raised and American Educated 40 years old man.
Unfortunately I have two drug possessions/distributions convictions in Italy dated 2000 and 2002 (5 pills of ecstasy and X amount of weed). Needles to say I have completely changed since then. I conducted an impeccable life, respected in my community. Somewhat successful career surrounded by very good academic achievement (double majors in Business and History).

At the moment I am evaluating different jobs opportunities in the Toronto area, so last year I applied for a Criminal rehabilitation with a Toronto Law firm.

Unfortunately couple of days ago I got a refusal letter saying that I failed to satisfy the Immigration office that I am rehabilitated. Just putting part of the letter so you can have a clear pictures. Moreover in the letter says that "b) Having been convicted of an offense…..if that committed in Canada, would constitute an offense…punishable by a maximum term of imprisonment of at least 10 years.”

How did he calculate the 10 years ? I have been doing some research and people convicted in Canada with heavy amount of substances (Ecstasy and Weed) have gotten 5/6 years at most !

The application was very well put. Academic grades, FBI background check (clean), my statement, letter of supports.

Did this happen to anyone else ? Any suggestions ? What are my chances to get approved ? I will have a talk with the lawyer but I was just thinking to have some feedbacks here.

Thanks

A.

mikelincs

It's not what most of those found guilty of are sentenced to, but the MAXIMUM term they COULD HAVE BEEN SENTENCED TO. The 10 years is what is written in the Canadian Justice codes and as such IS written in tablets of stone.

Brigante

That was I thought. I was just wondering how I failed to show the officer I am not rehabilitated. Since its been 11 years that I paid all my 'duty' and I have lived an impeccable life.
I am not clear if I have any chance to do this after this refusal..

Yorkiechef

It is a real shame, isn't it funny that you would have fitted in perfectly to Canada with the liberal rules regarding recreational drug use here in Canada those years ago. And now they are legalizing weed and you are a changed man, perhaps they think you will not fit in?

When can you next apply for rehab?

Brigante

Thank you for thanking the time to answer me mate.

I have the suspect my lawyer dealt this situation as minor offence. As a matter of fact I paid only CAD200 instead of the CAD 1000 for serious crimes.

I have no idea when I can apply next, the officer stated that: "You have not satisfied me that you are rehabilitated." (as you can see from the response). My Italian rehabilitation is almost done, so I can see if that might positively effect another try.
I will talk with my lawyer and see what are my next steps.

A.

Siouxie

Hello and welcome to BE

You must be very disappointed with the letter you received, I'm sorry that it was not good news.

A few questions..

Did you include court transcripts and proof of paying the fine etc., and a copy of the police report / certificate?

Were both charges from a single incidence?

Did you write how you regret the incidence, you were going through a time of mixing with the wrong crowd/going through divorce (or whatever) but have turned your life around (etc. etc.,) as well as providing letters of support from people 'of standing'? Did you write a personal statement or did your lawyer write it? In my humble opinion, they are looking for your 'heartfelt regret' in your own words...

Did your lawyer use a comparative between the court system where you were charged (presumably Italy) and the equivalent under Canadian law?

I must admit I haven't heard of anyone being refused if they have given sufficient documentation to prove/show that they have changed.

I don't have any advice to offer, unfortunately, and I think your only option would be to apply for rehabilitation again (with more supporting documents, perhaps) and hope that a different officer goes over it.

Rehabilitation for Persons Who Are Inadmissible to Canada Because of Past Criminal Activity

I wish you the very best of luck and hope you can overcome this.

Brigante

Thank you for the welcome Siouxie !
I did include those and also my Italian background check. Along with paperwork that showed that basically I was all done with fine, community service etc.

Yes sir, I did have 5/6 letters of support, and I wrote a personal statement following a list of question made by the lawyer.

I hope so, I obviously told her what I have done and the exact amount. I hope she did not handle this as summary offence, although I paid only 200CAD, instead of 1000CAD. Again I will have a call with her later today.

Thanks, I was just trying to see if anyone had a similar case. That's probably what I will do after carefully examine what went wrong.

A.