n1cholas90

Hi there in April this year I was arrested for the possession of a very small amount of a controlled substance of class A. In June I accepted a Simple Police Caution for this offence.

So in effect, I was arrested and accepted the caution without any charges or a conviction.

Is it possible to travel to Canada with this caution? I have read very conflicting opinions on this matter.

I am hoping to travel in February.

Former Lancastrian

Define small amount and what drug? Possession of controlled substances and their punishments vary dependent on the amount and type of drug.
For example less than 30 grammes of marihuana is a summary offence only and just one summary offence does not render you inadmissible.

n1cholas90

It was 0.5 grams of a Class A drug (in this case cocaine).

I was arrested but NOT charged, nor was I convicted. I just received a police caution which is deemed spent the moment you accept it.

This was a massive mistake of mine and a part of my life I have since very much left behind, but I accept that what's done is done! Hopefully I can still get over to Canada, fingers crossed!

Zoe Bell

To accept a caution you have to admit guilt.
There is some debate as to whether a caution = a conviction though.
either way many countries do not consider convictions to be "spent" ever

n1cholas90

I know, hence my querying as to whether I can still travel to Canada for a short period of time without applying for a visa!

Former Lancastrian

As there is no such thing as a police caution in Canada this leaves the interpretation open as to if you were convicted or not. I have seen legal sites which state a police caution is considered a conviction and other sites where it says not.
If you had not accepted the caution then the police could have laid charges and gone through the court system. The idea behind the caution was to free up the courts. The caution itself is an admittance of guilt and therefor could be equated as to a finding of guilt by a competent authority.
This is taken from the CIC Manual ENF 2
http://www.cic.gc.ca/english/resourc.../enf02-eng.pdf
However, if a foreign investigating authority decides not to lay or proceed with charges in a country whose criminal justice concepts are similar to ours, it should not be assumed that a crime was not committed or that there was insufficient evidence to obtain a conviction.
14.2. Conviction
A conviction is a finding by a competent authority that a person is guilty of an offence. A charge or a confession is not a conviction.
In cases involving a charge or a confession, the use of the ―committing an act‖ provisions within IRPA may be appropriate.
A conviction does not exist in the following situations:
 the conviction is set aside on appeal;
 the court grants an absolute or conditional discharge as provided for in the Criminal Code;
 the person is granted a pardon in a foreign jurisdiction and the pardon is recognized as equivalent to a Canadian pardon.

Thanks to the UK ROA 1974 this has thrown both CIC and CBSA officers as some will say its a conviction and others say its not.
IMHO its a conviction there again I could be proven wrong.

n1cholas90

Thanks, that was very informative. It is this grey area that I've been struggling with! I can't seem to find any definitive answers anywhere.

Former Lancastrian

In your case the problem is probably CIC wouldn't be able to reply to an enquiry by the time you travel and state in a letter how they view your situation.
The next area is landing in Canada as you have no idea if CBSA will ask about criminality and neither do I as not all persons entering are asked this question.
If referred to Immigration secondary for further questioning then its highly likely you will be asked about arrests and convictions and this is where the fun might begin.
One officer may say no conviction another may say its a conviction.
Cocaine is a schedule 1 drug in Canada and if caught in possession of it in Canada i.e even your amount then its an indictable offence and maximum jail time is 7 years and if charges had been laid in the UK and convicted in court then you would be inadmissible when equating the offence to the Canadian equivalent of the offence convicted for.
Im not saying don't come neither am I saying you will be admitted. If you elect to come I would bring any paperwork you have (caution letter) and bring a current police certificate and if asked then disclose the details.
There is a risk involved and worse case scenario is you are denied entry.

n1cholas90

So would you say delaying my trip and first filling out the Rehab form "for information only" is the best thing to do?

Would I be breaking the law by going ahead with my trip and entering Canada if I am not asked about my past?

Former Lancastrian

How important is the trip?
If you are not asked about the offence then no law has been broken. Its when asked how you decide to answer the question will determine if you are breaking the law i.e misrepresentation if asked and then lie about the answer.
An application for info only could take several months.
Not knowing if you will or won't be asked about criminality will just send you mental as you won't know until you go through Customs when landing in Canada.
Read this bulletin issued by both CIC and CBSA
http://www.cic.gc.ca/english/resourc...2012/ob389.asp

What do you think the intent of that bulletin is

n1cholas90

The trip isn't urgent as such but is something I have been planning for a while and had intended to go through with in February.

I'm not sure I'm getting my head around this correctly or not... So if I was to travel to Canada with my caution letter and an up-to-date police certificate and they DID ask me about any criminality and therefore I explained my caution could they then (if they deem it acceptable) grant a TRP?

I completely understand that I could be denied entry and that it is at my own risk.

christmasoompa

Personally I'd just apply for info only, it doesn't seem to take long to get an answer.

As it was a caution for drug possession (rather than something more minor like breach of the peace), it could be an issue so better to be safe than sorry IMO.

Good luck.

n1cholas90

My only concern is that the visit is just to see friends. I imagine this wouldn't be seen as a justifiable reason to grant a TRP, given that I was only arrested in April of this year?

I know it is not advisable but if I WAS to travel next year what is the likelihood of them asking about any criminality at the port of entry? I will have proof of where i'm staying and adequate funds for my, return ticket booked, employment to return home to the UK for etc... and I'm a pretty normal, well presented looking guy (in my opinion anyway...)

christmasoompa

Whether they ask about it or not isn't the point (it may be a question on the form you have to fill in on the plane, I can't remember). You are supposed to know Canada's admission requirements before you enter, so the onus is on you to comply with them, not to just hope you can get away with it!

n1cholas90

I was basing my query on Former Lancastrian's point:

"If you are not asked about the offence then no law has been broken."