Helliga

Hi there, new to the forum but thought i would ask some information for which i cannot get a definitive answer to at the moment. Please forgive me if these answers have been given before but i cannot find them.

I am due to move to Canada within a month, i will be coming over as a TFW with a company who has an existing LMO. The company i will be working for has advised me to apply for my police record which i have done and it has returned with a conviction from 10 years ago. I understand that there is a rehabilitation process which i can attain, there are from my understanding two thresholds 5 years and 10 years. After 5 years you can “apply” for rehabilitation dependant on the severity of your conviction and this process can take up to 6 months via the embassy in London ( im a UK citizen btw ) or wait for the record to become automatically rehabilitated after a period of 10 years.

My offense relates to this sentence in Canadian law.

is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years; or
is guilty of an offence punishable on summary conviction.

The 10 years part is where my confusion comes in. Some information states that this 10 years is the date of conviction and some states 10 years from commission of offence. http://www.cic.gc.ca/english/informa...TOC.asp#5312E2

Here it states:-

Eligibility for rehabilitation

This section gives a summary of the type of offences and length of rehabilitation periods.

If you were convicted of an offence outside Canada that, if committed in Canada, would be an indictable offence punishable by a maximum term of imprisonment of less than ten years:

You are deemed rehabilitated: at least ten years after completion of the sentence imposed.
You are eligible to apply for rehabilitation: five (5) years after completion of the sentence imposed.
If you committed an offence outside Canada that, if committed in Canada, would be an indictable offence punishable by a maximum term of imprisonment of less than ten years:

You are deemed rehabilitated: at least ten years after commission of the offence.
You are eligible to apply for rehabilitation: five (5) years after commission of the offence.



So my offence is over 10 years but the completion of sentence imposed is not, if this was the case we would be looking at 2015. I have no idea where i stand to be honest and i am assuming that i can apply for a TRV if nothing else at the border. But to the best of my understanding i could indeed be perfectly fine. I do not have the time to apply for rehabilitation as it takes a minimum of 6 months.

PMM

Hi



You answered your own question, if 10 years haven't passed since the completion of the sentence, you can't be deemed rehabilitated. You take the chance that you could be refused admission at the POE.

Helliga

Hi, thanks for your reply but I haven't answered the question already. The reason I posted was due to the confusion in info I have found. There are two timelines in relation to rehabilitation. One states 10 yrs from sentence completion, one states 10 years from the date the crime was committed. My question is which one is correct?

Simon Legree

He's answered your question. Seems clear to me.

spacemonkey

There is confusion there i can also see it very clearly.

You are deemed rehabilitated: at least ten years after commission of the offence.
You are eligible to apply for rehabilitation: five (5) years after commission of the offence

or

You are deemed rehabilitated: at least ten years after completion of the sentence imposed.
You are eligible to apply for rehabilitation: five (5) years after completion of the sentence imposed

Helliga

I appreciate you taking the time to reply but it doesn't answer the question in my op at all. 10 yrs from actually commission of crime is very different from 10 yrs from end of sentence. Both instances seem to be covered in the info i have found and what I wish to know is which is the correct one.

christmasoompa

If in doubt, consult the Op Manual - http://www.cic.gc.ca/english/resourc.../enf02-eng.pdf

Which says 'be deemed rehabilitated if 10 years have elapsed since the completion of the sentence imposed'.

So yes, you'd need criminal rehab or a TRV to enter Canada from the info you've given.

HTH.

Helliga

Yes i understand that it says since completion of sentence but it also states you could be deemed rehabilitated 10 yrs from commission of crime. This is where the confusion lies. which is correct?

christmasoompa

As I said above, you need to go by the Op Manual - as those are the actual rules. If there is a discrepancy between that and the website, then it would appear that the website is simply an error, so discount it.

HTH.

PMM

Hi


1. Commission of a crime, you admit to the commission of an offence that you weren't charged with or convicted of.

christmasoompa

There you go! I was just Googling 'commission of a crime' as I've not heard that expression before. Thx for clarifying PMM.

Helliga

In my research 'commission of a crime' is the actual perpetration of the crime. This is why I am confused. I will read over the manual.

christmasoompa

Just as a hint, you can take what PMM has said as gospel - he's our resident pro!

Good luck.

Siouxie

http://www.cic.gc.ca/english/resourc.../enf02-eng.pdf

Sections 3:7 onwards.

spacemonkey

But incorrect in his definition of the terminology of commission IMO

http://www.merriam-webster.com/dictionary/crime

an act of committing something <commission of a crime>

http://www.thefreedictionary.com/commission

COMMISSION, crim. law. The act of perpetrating an offence. There are crimes of commission and crimes of omission.

ALSO in reference to the Op Manual http://www.cic.gc.ca/english/resourc.../enf02-eng.pdf page 58

A36(2)(c): An applicant who committed an act outside Canada (that is an offence in the
place where it was committed and that, if committed in Canada, would constitute an
offence under an Act of Parliament punishable by a maximum term of imprisonment of
less than 10 years) may be deemed rehabilitated if 10 years have elapsed from the
commission of the act and they have not been convicted of a subsequent offence other
than an offence designated as a contravention under the Contraventions Act or an
offence under the Young Offenders Act [R18(2)(a)(ii)].

So it would seem that if the equivalent crime is less than 10 years potential imprisonment, you are indeed deemed rehabilitated 10 years after commuting the offence