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| Subject: Seeking Asylum in Canada. Please help |
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Hi. My name is Josh and a few weeks ago I was given a notice to appear before court on a 2nd degree felony charge of "Sexual Assault of a Child" which carries a sentence of between 2 and 20 years imprisonment. I had a consensual relationship with a 15 year old girl for about 6 months. I am 24 years old. Her parents found out and reported me to the police and the District Attorney filed these charges against me. The age of consent in the state that I live in is 17. I am wondering if it would be possible to seek asylum in Canada. In Canada the age of consent is 14. Had I had this relationship with her in that country then it would have been no crime at all to do so. The Extradition Treaty between the United States and Canada states that Canada will extradite criminals to the USA if the crime that the person committed was a crime in both countries. The crime that I committed is only a crime in the United States. So if I went to Canada I would feel that the Extradition Treaty would be on my side. They cannot extradite me because what I did was not illegal in Canada, but only in the United States. So I need to know if I can also use this to make my case to seek asylum before I end up getting sentenced to possibly as many as 20 years imprisonment. I feel that the United States would be committing "cruel and unusual punishment" for giving me such a long sentence in prison for something many countries around the world, including Canada, would not even find to be a crime at all. And this 2nd degree felony on my record would absolutely ruin my life. I would be hard pressed to find a job anywhere and I would have to register as a sex offender every place in the USA that I choose to live. Remember, that in Canada and in dozens of other countries it is not a crime to have consensual sex with a 15 year old. I feel as though I am being persecuted and want to know your opinion as to whether or not I would qualify for asylum. Your opinion will be very helpful. Thank you
[27-11-2004,00:14]
Josh |
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I do not have good news. (in reply to: Seeking Asylum in Canada. Please help)
Canada will only not extradite people facing the death penalty -that´s it. In those cases, they get guarantees that the courts will seek a life sentence instead. You broke the law where you live. I am sorry this is causing you huge consequences, but if the girl did not lie about her age, you do not have much of an arguement - it does not matter what the law is somewhere else. I think your best option is to find yourself a good lawyer who can represent you. If you are convicted, Canada is not a future option for you either. Sorry.
[27-11-2004,00:31]
sharon |
Asylum (in reply to: Seeking Asylum in Canada. Please help)
How do you explain the Extradition Treaty between the United States and Canada which states the following:
"Article 2
(1) Extradition shall be granted for conduct which constitutes an offense punishable by the laws of both Contracting Parties by imprisonment or other form of detention for a term exceeding one year or any greater punishment."
That is word for word from the Extradition Treaty. It is a crime in my state in the USA what I did, but it is not a crime in Canada because the age of consent is 14. Article 2 section 1 of the treaty states right there that the offense must be a crime in both countries. Here is a hyperlink to the article I got this from.
http://www.lexum.umontreal.ca/ca_us/en/cts.1991.37.en.html
[27-11-2004,00:41]
Josh |
Asylum (in reply to: Seeking Asylum in Canada. Please help)
Here is quote from another website I found more evidence of my statement on.
"Because Canada and the United States have an extradition treaty, United States officials will be able to extradite the Canadians if certain requirements are met:
. The crime committed is an offence in both the United States and Canada. Acts like euthanasia or abortion might not be criminal acts in both countries."
http://www.angelfire.com/mi2/aicap/Extradition.html
[27-11-2004,00:45]
Josh |
(in reply to: Seeking Asylum in Canada. Please help)
http://www.cic.gc.ca/english/refugees/asylum-1.html
you have already answered your question... so why are you asking? I do not agree with your interpretation of the treaty. I would seek legal advice and then you will know exactly what your options are.
[27-11-2004,01:09]
sharon |
(in reply to: Seeking Asylum in Canada. Please help)
Difficult to say what you should do in this case.
Have you tried to discuss the matter with the family and DA? Try to explain the same; but with regret and remorse to them. To them it is still their little girl.
[28-11-2004,02:23]
Anonymous |
asylum (in reply to: Seeking Asylum in Canada. Please help)
But would fleeing to Canada be an option since under Canadian Law what I did was not illegal and with the Canadian/US Extradition Treaty clearly stating that the offense must be a punishable crime in BOTH countries in order for extradition to occur?
[28-11-2004,02:59]
Josh |
(in reply to: Seeking Asylum in Canada. Please help)
it is a crime in both countries. the only issue is what is the age at which the crime occurs. you will not get an answer you can take to the bank from anyone on this forum and you are holding on to a very ´iffy´ understanding of the treaty. Seek legal advice and representation.
[28-11-2004,13:52]
sharon |
Read this (in reply to: Seeking Asylum in Canada. Please help)
Josh,
I am giving you a website that tells you the four requirements of extradition from Canada.
http://www.duhaime.org/Criminal/ca-extra.aspx
The third paragraph states the following "The offence must constitute a crime if it had of been committed in Canada. The text of the Canadian criminal law does not have to be identical to the statute in the requesting country. The requesting country only needs to provide evidence that the conduct would constitute a crime if committed in Canada." It is a crime in both countries and the law doesn´t have to be identical, so the fact that the ages are different probably won´t hold much weight. Canada does not want to be a safe haven for fugitives, so they are becoming alot more willing to extradite people otherwise where are all the criminals going to end up?
[29-11-2004,17:25]
Trudy |
What was the outcome of this? (in reply to: Seeking Asylum in Canada. Please help)
Josh:
What happened on this?
[26-12-2007,00:29]
[**.128.182.130]
Terry |
(in reply to: Seeking Asylum in Canada. Please help)
Breaking the Law in Sweden does not make you a refugee in Canada.
If taking a cookie from the cookie jar in GrandMas house is wrong just because Mommy spoiled you by allowing you to have a cookie anytime is not an excuse for wrong doing.
Read the crimminal code. Sexual relations over the age of twenty one in a private place Pierre Elliot Trudeau.
You can interpret that she consented, she might have said yes at the time but now after her parents got at her forget it your BURNT toast.
Not only that but an idiot for playing with a child that may have looked like an adult. Like tell us you did not know better. Then tell us she forced you.
My best advice "Don´t forget to drop the soap in the shower".
Jerk!
Roy
[27-12-2007,09:59]
[**.52.219.71]
Roy |
