Young offender applicants must be considered in a manner consistent with Canada's Young Offenders Act when determining criminal equivalency. If the applicant was treated as a young offender in a foreign jurisdiction that has young offender provisions, and no conviction was recorded, the applicant is deemed not to have a conviction. However, if the applicant was transferred to adult court, the applicant does have a conviction. If a young offender system is in place in another country where the age of majority differs from that in Canada, it would be necessary to determine whether the offence, if committed in Canada, would be transferrable to adult court. If not, the applicant should be processed as a young offender.
When the foreign jurisdiction does not have young offender provisions, the officer must examine the circumstances of the offence to determine whether the applicant would have been dealt with in juvenile or adult court in Canada.
________
CAMPBELL, COHEN - attorneys at law
tel:514.937.9445 / fax:514.937.2618
info@canadavisa.com
http://www.canadavisa.com
Printer-friendly copy
Email this topic to a friend
