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Peace bond

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sanjeetsingh View Drop Down
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    Posted: 17 Mar 2012 at 6:43pm
Hi all i am an immigrant in canada n i was charged for an assult last year june.. d charges were withdrawn n they put me on peace bond n probation for six months n the term has expired n i want to apply for citizenship in dec 2012 will it impact on my citizenship app...plz advice me...
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dpenabill View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote dpenabill Quote  Post ReplyReply Direct Link To This Post Posted: 17 Mar 2012 at 7:06pm
CIC's FAQs say:
Quote In general, time spent serving a sentence for an offence in Canada cannot count towards residence for the purposes of becoming a Canadian citizen (i.e. you cannot count time spent in a prison, penitentiary, jail, reformatory, under a conditional sentence, on probation, and/or parole as residence). There are, however, [some]exceptions . . .


One of those exceptions is this:
Quote •Time on probation as a result of a conditional discharge can count towards residence if the probation was completed successfully (i.e. you were not charged with a breach of probation or a failure to comply during that probation). This time does not have to be declared for the purposes of the residence calculator.


How your type of probation fits into this I do not know. Sounds like a conditional discharge but I do not know.

If you had a lawyer representing you in that case, that lawyer should be able to adequately explain what sort of probation you were given.

Unfortunately this is not the sort of question for which you can call CIC and get an answer you can rely upon (the particulars of criminal court dispositions vary too greatly).

I think you are OK, that is that this time on probation will not count against your time of residence.

But if it was me, unless I was absolutely certain your probation amounted to "time on probation as a result of a conditional discharge" which was "completed successfully," I would either get a definitive opinion from an immigration lawyer or not rely on those six months counting. The reason for this is that the citizenship application process takes so long as is, I would personally lean toward being in the best possible position, minimizing risk.

Odds are, as well, at the least this means it is likely you will be among those who get a fingerprint request, which is not much of a problem or much of a delay.   


Bureaucracy is what bureaucracy does, or When in doubt, follow the instructions. Otherwise, follow the instructions.



BTW: Not an expert, not a Can. lawyer, never worked in immigration
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dpenabill View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote dpenabill Quote  Post ReplyReply Direct Link To This Post Posted: 17 Mar 2012 at 7:19pm
One other aspect of "time spent serving a sentence for an offence" is worth highlighting:

It is my impression that, for purposes of calculating residency, time spent serving a sentence is not like time spent outside Canada.

Time spent outside Canada does not count toward actual, physical presence, but it may nonetheless count toward residency based on qualitative factors. The actual presence test is looming larger and more important these days, but if a person falls short of the 1095 day threshold for actual presence that is not necessarily fatal and they may still qualify for and be granted citizenship pursuant to the application of the so-called Koo criteria. What many might not grasp, though, is that even in a Koo criteria case, a favourable determination is dependent on a decision that enough of those days abroad were nonetheless days resident-in-Canada to satisfy the residency requirement.

In contrast, it is my strong impression that if time spent serving a sentence reduces the applicant's residency calculation to less than 1095 days of actual presence, the application will be denied, since the time spent serving a sentence cannot count as time resident-in-Canada. The application of qualitative criteria will be of no help.

This is why it is so important to know whether or not your probation falls under the exception or not. You really do not want to play the odds on a question like this. You need to know, one way or the other.
Bureaucracy is what bureaucracy does, or When in doubt, follow the instructions. Otherwise, follow the instructions.



BTW: Not an expert, not a Can. lawyer, never worked in immigration
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sanjeetsingh View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote sanjeetsingh Quote  Post ReplyReply Direct Link To This Post Posted: 18 Mar 2012 at 2:39am
Hi Dpenabill thx for ur reply however i want to know will it take long in my case to get citizenship coz of peace bond... did u know anyone whose app went through easily for this...
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sanjeetsingh View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote sanjeetsingh Quote  Post ReplyReply Direct Link To This Post Posted: 18 Mar 2012 at 2:45am
And also u are right about my probation coz in my peace bond it just say report to probation and my probation officer told me in 3 months that i dont need to see her or call her anymore...so even am not sure weather or not its an actual probation i served....
 
And there is no one who can actually explain me this.. cic call center ppl does't know much abt it... so a very greay area...
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dpenabill View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote dpenabill Quote  Post ReplyReply Direct Link To This Post Posted: 18 Mar 2012 at 4:14am
It is not so much a grey area as it is, rather, something that is dependent on particular details that tend to vary considerably . . . and CIC personnel, especially those who only know what your circumstance is based on what you tell them, do not know the precise legal particulars of your case so they cannot tell you, with any certainty, the effect.

Again, if you had a lawyer representing you, that lawyer should be able to explain the collateral effects of the disposition in your case, including whether or not it constitutes a conditional discharge (or even a total dismissal) . . . and if it does, and you successfully completed the probationary time, then it does not count against your residency calculation and in fact does not even need to be disclosed.

Your lawyer, or if you did not have a lawyer, some other lawyer (not even necessarily an immigration lawyer . . . although at least one with experience in criminal case procedure), should be able to explain just what the outcome of your case was . . . and that is what determines its affect. (Of course they will need to see the court documents, and probably would not rely on merely your description or account of the outcome.)

If you know what, in particular, the legal outcome was, you pretty much can infer the effect.

What matters, I believe (though you should confirm this through a lawyer), is the disposition of the arrest, the criminal charge.

A so-called Peace Bond can be imposed without an allegation of an offence, but is, as I understand it, a procedure generally intended to prevent an assault, not a disposition of a charged offence. That said, I suspect (but do not know and again this is something that should be confirmed by a legal professional . . . perhaps the clerk of the court where the proceedings took place would explain to you what the actual disposition was) you were given a "conditional discharge" conditioned on agreeing to the issuance of a Peace Bond and successful completion of a probationary period. Again, I do not know this is the case, it is just what I suspect.

But, if I am right, if it was a conditional discharge and you have successfully completed all the conditions of that discharge, then for purposes of the citizenship application it will have no bearing on the residency calculation, you would not even need to disclose it. Not a grey area at all.

But it is important to know, with relative certainty, whether or not the charge against you was either totally dismissed or was conditionally discharged or is something else. Again, once you know what the disposition was, it is not a grey area, the effect of it is fairly clear cut.   


As for how long your citizenship application will take


Many, many, many other factors have influence over how long any individual's application takes to be processed. It is impossible to offer anything more definite than what is published by CIC on their website: basically, probably (no guarantees) between 14 and 20 months if the charge against you was totally dismissed or conditionally discharged . . . but, again, there are many, many other factors which can influence how it goes. As I said before, and this is largely a guess, but I believe all applicants are probably screened (perhaps multiple times) by routine criminal records checks (takes maybe a minute or so) and they will probably see the arrest, and because of that ask for fingerprints, which is no big deal, just a brief delay, though they may also ask for additional information about the case (particularly if the records check fails to show that the case was disposed of with no conviction, though it should show the disposition and be no problem), but again, this alone should not constitute a problem or cause much of a delay.
Bureaucracy is what bureaucracy does, or When in doubt, follow the instructions. Otherwise, follow the instructions.



BTW: Not an expert, not a Can. lawyer, never worked in immigration
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sanjeetsingh View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote sanjeetsingh Quote  Post ReplyReply Direct Link To This Post Posted: 20 Mar 2012 at 4:29pm
yes u r right however there is a defference between peace bond and conditional discharge... in conditional discarge you plead guilty and court decides to discarge you conditional and on the other hand in peace bond you don't plead guilty and ita promise, enforceable under the Criminal Code of Canada, to keep the peace, be of good behavior and to obey all other terms and conditions ordered by a Judge or Justice of the Peace, for a period of up to twelve months. Judges and JP’s may impose reasonable conditions on those who are involved in criminal offences that are subject to the Peace Bond, for example: restrictions on contact with other persons, restrictions on attending certain places, restrictions on possessing firearms and ammunition.
 
A conditional discharge requires the offender to follow certain rules for a specified length of time as set out in a probation order as a result of an offence against the Criminal Code of Canada. Once the duration of the conditional discharge has passed and the conditions of the probation order have been followed successfully, the discharge becomes absolute (see below). If the conditions of the probation order are not followed or the offender commits a new criminal offence while bound by the probation order, the offender can be convicted of the original criminal charge and sentenced.

If the court imposes an absolute discharge, the offender will be regarded as not having been convicted of the offence. The offender cannot be subsequently charged with the criminal offence.

However, a record is kept of the absolute discharge and can be used against the offender if the offender commits another criminal offence.

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dpenabill View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote dpenabill Quote  Post ReplyReply Direct Link To This Post Posted: 20 Mar 2012 at 4:55pm
Correct so far as I know.

Which begs the question as to what the ultimate disposition was in your case. That is the main thing which will determine the effect of the charge and subsequent proceedings on your citizenship application. If you are fully discharged without any conviction, should be no problem.

Bureaucracy is what bureaucracy does, or When in doubt, follow the instructions. Otherwise, follow the instructions.



BTW: Not an expert, not a Can. lawyer, never worked in immigration
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sanjeetsingh View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote sanjeetsingh Quote  Post ReplyReply Direct Link To This Post Posted: 02 Apr 2012 at 3:45pm
Hi did u know any good lawyer for my case who had handel these type of cases before......
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dpenabill View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote dpenabill Quote  Post ReplyReply Direct Link To This Post Posted: 02 Apr 2012 at 4:21pm
Sorry, I do not really know . . . but for purposes of determining the key information: just what sort of probation you were on and whether or not you were totally discharged, conditionally discharged, or what, any reputable attorney who does criminal defense work should be able to answer that clearly for you. Once you know the answer to that, its impact is much easier to discern.
Bureaucracy is what bureaucracy does, or When in doubt, follow the instructions. Otherwise, follow the instructions.



BTW: Not an expert, not a Can. lawyer, never worked in immigration
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