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| Subject: Complex Stuff - Need Guidance |
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I want to sponsor my partner who is living in the US. Five years ago, he was charged and convicted of drunk driving. That was a wake up call for him, and he has retained soberiety for five years and straightened out his life. Prior to this conviction, he also had marijauna possession charges in a different state but he failed to appear at his trial.
We have gone over the guidelines for the rehabilitation certificate and they are quite straightforward in terms of his DUI conviction, but I´m wondering if his prior skirmishes with the law will affect this? How should we proceed?
[13-09-2005,12:40]
[**.66.94.141]
kytasau |
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(in reply to: Complex Stuff - Need Guidance)
CCC s.502. Where an accused who is required by an appearance notice or promise to appear or by a recognizance entered into before an officer in charge or another peace officer to appear at a time and place stated therein for the purposes of the Identification of Criminals Act does not appear at that time and place, a justice may, where the appearance notice, promise to appear or recognizance has been confirmed by a justice under section 508, issue a warrant for the arrest of the accused for the offence with which the accused is charged.
Which is...
Controlled Drugs and Substances Act (1996)
4. (1) Except as authorized under the regulations, no person shall possess a substance included in Schedule I, II or III.
from a practitioner, unless the person discloses to the practitioner particulars relating to the acquisition by the person of every substance in those Schedules, and of every authorization to obtain such substances, from any other practitioner within the preceding thirty days.
(3) Every person who contravenes subsection (1) where the subject-matter of the offence is a substance included in Schedule I
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding seven years...
(Schedule 2:
Cannabis, its preparations, derivatives and similar synthetic preparations)
combined with...
CCC s.253. Every one commits an offence who operates a motor vehicle or vessel or operates or assists in the operation of an aircraft or of railway equipment or has the care or control of a motor vehicle, vessel, aircraft or railway equipment, whether it is in motion or not,
(a) while the person´s ability to operate the vehicle, vessel, aircraft or railway equipment is impaired by alcohol or a drug; or
(b) having consumed alcohol in such a quantity that the concentration in the person´s blood exceeds eighty milligrams of alcohol in one hundred millilitres of blood.
...is guilty of an indictable offence or an offence punishable on summary conviction and is liable,
...
(b) where the offence is prosecuted by indictment, to imprisonment for a term not exceeding five years; and
makes him...
IRPA s.(2) A foreign national is inadmissible on grounds of criminality for
...
(b) having been convicted outside Canada of an offence that, if committed in Canada, would constitute an indictable offence under an Act of Parliament, or of two offences not arising out of a single occurrence that, if committed in Canada, would constitute offences under an Act of Parliament
So...
24. (1) A foreign national who, in the opinion of an officer, is inadmissible or does not meet the requirements of this Act becomes a temporary resident if an officer is of the opinion that it is justified in the circumstances and issues a temporary resident permit, which may be cancelled at any time.
or...
18. (1) For the purposes of paragraph 36(3)(c) of the Act, the class of persons deemed to have been rehabilitated is a prescribed class.
(2) The following persons are members of the class of persons deemed to have been rehabilitated:
...
(b) persons convicted outside Canada of two or more offences that, if committed in Canada, would constitute summary conviction offences under any Act of Parliament, if all of the following conditions apply, namely,
(i) at least five years have elapsed since the day after the completion of the imposed sentences,
(ii) the person has not been convicted in Canada of an indictable offence under an Act of Parliament,
(iii) the person has not within the last five years been convicted in Canada of an offence under an Act of Parliament, other than an offence designated as a contravention under the Contraventions Act or an offence under the Youth Criminal Justice Act,
(iv) the person has not within the last five years been convicted outside Canada of an offence that, if committed in Canada, would constitute an offence under an Act of Parliament, other than an offence designated as a contravention under the Contraventions Act or an offence under the Youth Criminal Justice Act,
(v) the person has not before the last five years been convicted in Canada of more than one summary conviction offence under an Act of Parliament, other than an offence designated as a contravention under the Contraventions Act or an offence under the Youth Criminal Justice Act,
(vi) the person has not been convicted of an offence referred to in paragraph 36(2)(b) of the Act that, if committed in Canada, would constitute an indictable offence, and
(vii) the person has not committed an act described in paragraph 36(2)(c) of the Act...
[14-09-2005,11:26]
[***.77.82.131]
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