Do I risk Deemed Rehabilitation at POE
Nov 23rd 2011, 7:46 pm
#1
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Joined: Nov 2011
Posts: 1
Do I risk Deemed Rehabilitation at POE
Hi Folks, my first post so here goes!
I've just been told by work that they want me to go on a business trip to Canada next Feb. However, I have a a single conviction from 1990 which was for criminal damage and I received a 12 month conditional discharge. Circumstances were that after a night out at Uni I started a fight with a guy who I shared a house with and ended up causing damage to the property (~£200). Since then I have led a stable life etc etc. I'm now getting all my info together (have everything but the court case info) to send off to CIC ticking "info only" to see if I'm "Deemed RRehabilitated. My problem is that it sounds like this could take weeks or even months to process! So my options are a) inform my employees about my past, something I really don't want to do, and just follow there advice.
b) book my flights, say nothing to work and hope that I get the all clear from CIC. If this doesn't happen in time I would continue to travel taking all my documents to use for Deemed Rehab at POE if it got to that.
Can anyone offer any advice? Would option b) be a foolish aapproachas although I bbelieveI would be Deemed Rehabilitated the web site suggests you should know before travel. Also the thought I being returned and impact from work scares me! Finally, what do I enter in the column titled "Statute"?
Many thanks,
Mikeytime.
I've just been told by work that they want me to go on a business trip to Canada next Feb. However, I have a a single conviction from 1990 which was for criminal damage and I received a 12 month conditional discharge. Circumstances were that after a night out at Uni I started a fight with a guy who I shared a house with and ended up causing damage to the property (~£200). Since then I have led a stable life etc etc. I'm now getting all my info together (have everything but the court case info) to send off to CIC ticking "info only" to see if I'm "Deemed RRehabilitated. My problem is that it sounds like this could take weeks or even months to process! So my options are a) inform my employees about my past, something I really don't want to do, and just follow there advice.
b) book my flights, say nothing to work and hope that I get the all clear from CIC. If this doesn't happen in time I would continue to travel taking all my documents to use for Deemed Rehab at POE if it got to that.
Can anyone offer any advice? Would option b) be a foolish aapproachas although I bbelieveI would be Deemed Rehabilitated the web site suggests you should know before travel. Also the thought I being returned and impact from work scares me! Finally, what do I enter in the column titled "Statute"?
Many thanks,
Mikeytime.
Nov 23rd 2011, 8:15 pm
#2
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Joined: Nov 2011
Location: Somewhere between Vancouver & St Johns
Posts: 19,851
Re: Do I risk Deemed Rehabilitation at POE
If you only have the one conviction of criminal damage commonly known as mischief in Canada and the value was less than $1000 Cad and more than 10 years has elapsed from the imposition of any sentence then you are deemed rehabilitated. As your offence happened in 1990 Im assuming you didnt get 12years probation then you will be deemed to be rehabilitated. This is automatic so it is safe for you to travel to Canada.
If asked about criminality by Immigration tell them of the offence rather than saying Im deemed rehabilitated or electing not to tell them even though you would be deemed rehabilitated.
Statute usually means the section under which you were charged and the name of the statute example DUI section 253(b) Criminal Code of Canada.
If asked about criminality by Immigration tell them of the offence rather than saying Im deemed rehabilitated or electing not to tell them even though you would be deemed rehabilitated.
Statute usually means the section under which you were charged and the name of the statute example DUI section 253(b) Criminal Code of Canada.
Nov 23rd 2011, 8:37 pm
#3
Lost in BE Cyberspace
Joined: Nov 2011
Location: Somewhere between Vancouver & St Johns
Posts: 19,851
Re: Do I risk Deemed Rehabilitation at POE
7.4 At a port of entry (POE)
If a person seeking entry to Canada at a POE admits to any criminal convictions, acts or omissions, or if the officer suspects that a criminal history exists, the officer must follow the steps below to determine if the person meets the criteria for deemed rehabilitation:
determine the criminal history by a thorough examination of the person;
conduct criminal checks during the interview, to the extent possible; and
evaluate the person’s criminal history against the criteria for deemed rehabilitation;
After the officer has determined that a person qualifies for deemed rehabilitation to overcome inadmissibility under A36(2)(b) or (c), the officer:
shall not complete an A44 report with respect to criminal inadmissibility, as the person seeking entry is not a member of that class of inadmissible persons;
is not required to issue a Temporary Resident Record nor to enter information in FOSS/NCMS on the person’s convictions;
may, however, as is the case for all temporary residents, issue a Temporary Resident Record or enter information in FOSS/NCMS concerning a foreign national who is a frequent traveller to Canada in order to assist in future examinations, or for any other enforcement concerns. A notation shall be added in the Remarks section of the Temporary Resident Record with respect to the deemed rehabilitation under A36(2)(b).
This would be the legal reference ENF 14/OP 19 Criminal Rehabilitation.
<snip>
If a person seeking entry to Canada at a POE admits to any criminal convictions, acts or omissions, or if the officer suspects that a criminal history exists, the officer must follow the steps below to determine if the person meets the criteria for deemed rehabilitation:
determine the criminal history by a thorough examination of the person;
conduct criminal checks during the interview, to the extent possible; and
evaluate the person’s criminal history against the criteria for deemed rehabilitation;
After the officer has determined that a person qualifies for deemed rehabilitation to overcome inadmissibility under A36(2)(b) or (c), the officer:
shall not complete an A44 report with respect to criminal inadmissibility, as the person seeking entry is not a member of that class of inadmissible persons;
is not required to issue a Temporary Resident Record nor to enter information in FOSS/NCMS on the person’s convictions;
may, however, as is the case for all temporary residents, issue a Temporary Resident Record or enter information in FOSS/NCMS concerning a foreign national who is a frequent traveller to Canada in order to assist in future examinations, or for any other enforcement concerns. A notation shall be added in the Remarks section of the Temporary Resident Record with respect to the deemed rehabilitation under A36(2)(b).
This would be the legal reference ENF 14/OP 19 Criminal Rehabilitation.
<snip>
Last edited by christmasoompa; Nov 24th 2011 at 10:54 am. Reason: Link removed as it's not a publically accessible website - pls re-read the site rules re copyright, thx.
Nov 23rd 2011, 11:47 pm
#4
Lost in BE Cyberspace
Joined: May 2004
Posts: 9,708
Re: Do I risk Deemed Rehabilitation at POE
Hi
1. You should note that is 10 years after the completion of the sentence that one can be deemed rehabilitated.
A.Convictions/Offences outside Canada
If you were convicted of or committed a criminal offence outside Canada, you may overcome this criminal inadmissibility
•by applying for rehabilitation, or
•you may be deemed to have been rehabilitated if at least ten years have passed since you completed the sentence imposed upon you, or since you committed the offence, if the offence is one that would, in Canada, be an indictable offence punishable by a maximum term of imprisonment of less than ten years.
If the offence is one that would, in Canada, be prosecuted summarily and if you were convicted for two (2) or more such offences, that period is at least five (5) years after the sentences imposed were served or to be served
2. Criminal Damage probably equates to Mischief in the Criminal Code.
Mischief
430. (1) Every one commits mischief who wilfully
(a) destroys or damages property;
Punishment
(3) Every one who commits mischief in relation to property that is a testamentary instrument or the value of which exceeds five thousand dollars
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or
(b) is guilty of an offence punishable on summary conviction.
(4) Every one who commits mischief in relation to property, other than property described in subsection (3),
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years; or
(b) is guilty of an offence punishable on summary conviction.
So if the damage was over $5K on indictment in Canada you could have received 10 years so you cannot be deemed rehabilitated. If the value was less than $5K you can be deemed rehabed, and are not inadmissible.
If you only have the one conviction of criminal damage commonly known as mischief in Canada and the value was less than $1000 Cad and more than 10 years has elapsed from the imposition of any sentence then you are deemed rehabilitated. As your offence happened in 1990 Im assuming you didnt get 12years probation then you will be deemed to be rehabilitated. This is automatic so it is safe for you to travel to Canada.
If asked about criminality by Immigration tell them of the offence rather than saying Im deemed rehabilitated or electing not to tell them even though you would be deemed rehabilitated.
Statute usually means the section under which you were charged and the name of the statute example DUI section 253(b) Criminal Code of Canada.
If asked about criminality by Immigration tell them of the offence rather than saying Im deemed rehabilitated or electing not to tell them even though you would be deemed rehabilitated.
Statute usually means the section under which you were charged and the name of the statute example DUI section 253(b) Criminal Code of Canada.
1. You should note that is 10 years after the completion of the sentence that one can be deemed rehabilitated.
A.Convictions/Offences outside Canada
If you were convicted of or committed a criminal offence outside Canada, you may overcome this criminal inadmissibility
•by applying for rehabilitation, or
•you may be deemed to have been rehabilitated if at least ten years have passed since you completed the sentence imposed upon you, or since you committed the offence, if the offence is one that would, in Canada, be an indictable offence punishable by a maximum term of imprisonment of less than ten years.
If the offence is one that would, in Canada, be prosecuted summarily and if you were convicted for two (2) or more such offences, that period is at least five (5) years after the sentences imposed were served or to be served
2. Criminal Damage probably equates to Mischief in the Criminal Code.
Mischief
430. (1) Every one commits mischief who wilfully
(a) destroys or damages property;
Punishment
(3) Every one who commits mischief in relation to property that is a testamentary instrument or the value of which exceeds five thousand dollars
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or
(b) is guilty of an offence punishable on summary conviction.
(4) Every one who commits mischief in relation to property, other than property described in subsection (3),
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years; or
(b) is guilty of an offence punishable on summary conviction.
So if the damage was over $5K on indictment in Canada you could have received 10 years so you cannot be deemed rehabilitated. If the value was less than $5K you can be deemed rehabed, and are not inadmissible.
