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Author Topic: Drunk in public - Summary offence?  (Read 575 times)
donuts1
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« on: October 25, 2011, 08:44:48 am »

Hi, I wanted to know if drunk in public/public intoxication is considered a summary offence in Canada or considered less?

Im from New Zealand and studied in VA, USA for four months and in this time I was stupid enough to be arrested for drunk in public twice. They're extremely strict at the university I studied at and in Virginia it is considered a class 4 misdemeanor. So I have a criminal record in the state of Virginia. Is it considered a summary offence in the eyes of Canada? I know that with two summary offences I'm considered criminally inadmissible. Ive read some say it is just a ticket, like a speeding ticket and others saying it is considered a summary offence so I'm just not sure.

Also I have nothing at all on my record in New Zealand. Would they look at my criminal record in the US? I mean would they know that the record exists? Would they know it is me? Or would it only come up if I told them? Would they even know I've lived in the USA? I know they share information with the US, but is that only for US citizens and it would never occur to them to look?
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PMM
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« Reply #1 on: October 25, 2011, 01:54:55 pm »

Hi

Hi, I wanted to know if drunk in public/public intoxication is considered a summary offence in Canada or considered less?

Im from New Zealand and studied in VA, USA for four months and in this time I was stupid enough to be arrested for drunk in public twice. They're extremely strict at the university I studied at and in Virginia it is considered a class 4 misdemeanor. So I have a criminal record in the state of Virginia. Is it considered a summary offence in the eyes of Canada? I know that with two summary offences I'm considered criminally inadmissible. Ive read some say it is just a ticket, like a speeding ticket and others saying it is considered a summary offence so I'm just not sure.

Also I have nothing at all on my record in New Zealand. Would they look at my criminal record in the US? I mean would they know that the record exists? Would they know it is me? Or would it only come up if I told them? Would they even know I've lived in the USA? I know they share information with the US, but is that only for US citizens and it would never occur to them to look?

Provincial Offence.  Equates to Intoxicated in a Public Place.  CBSA/CIC has access to the US criminal records system.  You lie on the application, 2 year ban for misrepresentation.
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PMM
donuts1
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« Reply #2 on: October 26, 2011, 02:29:49 am »

But I also read section 175 of the criminal code in Canada:
175. (1) Every one who
(a) not being in a dwelling-house, causes a disturbance in or near a public place,
(i) by fighting, screaming, shouting, swearing, singing or using insulting or obscene language,
(ii) by being drunk, ...
...is guilty of an offence punishable on summary conviction.

So I guess the difference is was I causing a disturbance?
The law I was found guilty of breaking is:
If any person profanely curses or swears or is intoxicated in public, whether such intoxication results from alcohol, narcotic drug or other intoxicant or drug of whatever nature, he shall be deemed guilty of a Class 4 misdemeanor.

Could they be harsh and consider that I was actually causing a disturbance? Or like you said its just a provincial offence?

I understand and know that they have access to US criminal records, I was wondering if being from New Zealand they would even look?
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mycan
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« Reply #3 on: October 28, 2011, 01:39:16 am »

Master PMM,
sent you a PM
Please ans.
Regards
mycan
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