Citizenship application with active peace bond

[dpenabill]

I am offering further observations below mostly to emphasize that navigating the complexities of criminal prosecutions and the potential consequences for Permanent Residents, especially those applying for citizenship, gets complicated, and is well outside the scope of forum-advice.

The RCMP records check would list the disposition of the charges. Also, the adult charge screening form would tell you whether the crown elect the charges to be prosecuted summarily or by indictment. Since a peace bond has been issued, I don’t believe the said charge was prosecuted by indictment.

That is a possible disposition. But it can vary. Does vary. The issuance of a Peace Bond itself is NOT enough information to know what the charge was or what the disposition is.

I anticipate that in certain jurisdictions there is a more or less uniform approach. So perhaps within a particular city, say, if one is familiar with local practices in that particular jurisdiction, it may be safe to make inferences about the underlying circumstances where a Peace Bond has been issued.

But it is readily apparent there is significant variation in how different prosecuting offices handle even the less serious domestic violence cases. Note: Federal justice policy is to consider ALL domestic violence related offences "serious," meaning the policy is to never consider it a minor offence; and generally the fact that an offence has been committed in the context of domestic violence is considered an AGGRAVATING circumstance, so that the offence is considered more serious than a similar crime committed in other situations.

In any event, what it is critical to understand is that for as long as a hybrid charge, like assault, may be pending, unless the Crown has made a definitive election to proceed by way of Summary Offence, and that is clear in the charging documents, it remains an indictable offence. That is, in particular, if the Crown has not yet made a definite election, the charge continues to be an indictable offence. It is not necessary for the Crown to elect to proceed by way of an indictment for the charge to constitute an indictable offence.

It is a prohibition to have an indictable offence charge pending even though there is no indictment. It is about the charge being "indictable" (as in can be prosecuted by indictment) rather than actually being prosecuted by indictment.

This matters in cases where a Peace Bond is issued and the prosecution is suspended or stayed without specifying the prosecution is specifically for a Summary Offence. Which I believe is fairly common, at least in some jurisdictions. In these cases the disposition of the case is typically conditional. Meaning the disposition depends on the individual completing the terms of the Peace Bond (or other conditions).

As I tried to warn in my previous post, lawyers and judges involved in the criminal process can sometimes focus on the ultimate outcome, which can include the charges being totally dismissed. But in many cases that does not happen until the terms of the Peace Bond are fully satisfied. In the meantime, the individual can still be the subject of a pending charge for an "indictable" offence.

Similarly, in some cases a disposition of the charge as a Summary Offence is conditional. Unless and until those conditions are fully satisfied the pending charge continues to be "indictable," even if the Crown has no plans or intent to proceed by way of indictment.

Bottom-line: getting charged for a serious criminal offence, and all crimes which can be considered to be domestic violence are considered serious criminal offences, poses real challenges for a PR and especially for a PR applying for citizenship. Some can go with the flow and things will work out, particularly if the conduct involved was on the less serious end of the scales. But the risks and pitfalls are many. The PR may need competent legal assistance from both a criminal lawyer and an immigration/citizenship lawyer. The prudent PR will get competent legal assistance from both a criminal lawyer and an immigration/citizenship lawyer.

 

[Donald Trump]

Hi after the expiration of the peace bond how do you get your photo and FPs destroyed ?

google "pardon canada". They also have youtube videos. Best wishes.

 

[Donald Trump]

@dpenabill - Domestic Violence charges sometimes historic, are usually laid by spouses while going through a divorce in order to get an upper hand. Also it may affect immigration of alleged spouse.
Does crown attorney looks at intent of complainant of bringing historic charges? Does crown takes in to consideration the impact of charges that will have on an immigrant on PR? or crown don't want to permanently change future of accused and will consider impact of conviction?
Basically, how often is peace bond granted or denied? In divorce cases complainant will obviously deny having alleged spouse being granted a peace bond. But unfortunately crown attorney will need to ask complainant whether peace bond can be granted to alleged spouse or no.

 

[dpenabill]

@dpenabill - Domestic Violence charges sometimes historic, are usually laid by spouses while going through a divorce in order to get an upper hand. Also it may affect immigration of alleged spouse.
Does crown attorney looks at intent of complainant of bringing historic charges? Does crown takes in to consideration the impact of charges that will have on an immigrant on PR? or crown don't want to permanently change future of accused and will consider impact of conviction?
Basically, how often is peace bond granted or denied? In divorce cases complainant will obviously deny having alleged spouse being granted a peace bond. But unfortunately crown attorney will need to ask complainant whether peace bond can be granted to alleged spouse or no.

I do not know. I am NOT an expert. I am especially NO expert in regards to actual practices in the Canadian criminal justice system.

And, after all, each case, every allegation, depends on the particular facts and circumstances in that case.

In particular, I know rather little about how the potential collateral impact of the disposition in a criminal case will influence either the Crown or the Court, whether the collateral impact is in regards to immigration status or something else. My guess is that the known facts of the case constitute the primary influence in how a case is handled, by the Crown and the Court. I doubt, for example, that if the facts indicate the commission of a serious criminal offence, a substantially less severe outcome will be supported by the Crown, or allowed by the Court, just because the usual disposition in such a case could have a detrimental impact on the criminal's immigration status . . . some incremental mitigation perhaps, but no major reduction in consequences. Thus, for example, and this is actually seen in some of the PR Removal for criminality cases, the disposition might be specifically prescribed in a way so that a convicted criminal serves six months or less of actual jail time, so as to fall below the six months plus a day threshold which now constitutes "serious criminality" resulting in a PR's inadmissibility. But of course if the crime involved, and facts underlying it, would typically result in incarceration for significantly longer than that, it seems unlikely that the impending loss of PR status will influence the Crown and Court toward reducing the sentence to avoid the individual's loss of PR status.


What I Do Know --

What I do know, which is readily accessible information on the Internet, is that in Canada the official Federal policy in regards to crimes involving domestic violence is to consider them serious. It is likewise readily apparent that there is a good deal of variability in when and why a Peace Bond is issued, and in the terms imposed with a Peace Bond.

Also based on readily available information on the Internet in conjunction with extensive anecdotal reporting, including in this forum, it appears that there is significant variability in actual practices in individual local jurisdictions, like in different cities and regions in addition to among the provinces, meaning different Crown offices appear to vary in their approach to domestic violence cases and the issuance of Peace Bonds in the resolution of such cases.

It is clear, again, each case, every allegation, depends on the particular facts and circumstances in that case.

That said, in a more general sense, no particular expertise necessary, it is clear that the situations in which crimes involving domestic violence are alleged vary greatly, from what appears to be unusual instances of false reporting, to the far more common instances of under-reporting, and unfortunately widespread male-dominated powering-down behavior is all too prevalent. The legacy of domestic violence allegations, the "historical" context so to say, has far, far too long allowed too many, mostly men, to get away with not just particular instances of abusive behavior, but patterns of abuse. This does not illuminate what the actual situation is in any individual case; each case depends on its individual facts. But the "history" is rife with the failure of society and the criminal justice system, a sad if not utterly dismal failure, to adequately protect women from domineering and abusive men.

It demands noting, for example, that among the most high-profile well-known male predators, one who has openly bragged about assaulting women and whose history is rife with bullying, abusive behavior, is the former American president Donald Trump. It demands asking: why would anyone use that name when interacting in social media given its implications are so blatantly obvious?

Beyond that, considering the risk of a Freudian slip in regards to Freudian slip insinuations, I best not wander into the realm of psychology.

 

[Donald Trump]

How long does it take to purge records after peace bond is granted stating all charges are withdrawn?

 

[Donald Trump]

I do not know. I am NOT an expert. I am especially NO expert in regards to actual practices in the Canadian criminal justice system.

And, after all, each case, every allegation, depends on the particular facts and circumstances in that case.

In particular, I know rather little about how the potential collateral impact of the disposition in a criminal case will influence either the Crown or the Court, whether the collateral impact is in regards to immigration status or something else. My guess is that the known facts of the case constitute the primary influence in how a case is handled, by the Crown and the Court. I doubt, for example, that if the facts indicate the commission of a serious criminal offence, a substantially less severe outcome will be supported by the Crown, or allowed by the Court, just because the usual disposition in such a case could have a detrimental impact on the criminal's immigration status . . . some incremental mitigation perhaps, but no major reduction in consequences. Thus, for example, and this is actually seen in some of the PR Removal for criminality cases, the disposition might be specifically prescribed in a way so that a convicted criminal serves six months or less of actual jail time, so as to fall below the six months plus a day threshold which now constitutes "serious criminality" resulting in a PR's inadmissibility. But of course if the crime involved, and facts underlying it, would typically result in incarceration for significantly longer than that, it seems unlikely that the impending loss of PR status will influence the Crown and Court toward reducing the sentence to avoid the individual's loss of PR status.


What I Do Know --

What I do know, which is readily accessible information on the Internet, is that in Canada the official Federal policy in regards to crimes involving domestic violence is to consider them serious. It is likewise readily apparent that there is a good deal of variability in when and why a Peace Bond is issued, and in the terms imposed with a Peace Bond.

Also based on readily available information on the Internet in conjunction with extensive anecdotal reporting, including in this forum, it appears that there is significant variability in actual practices in individual local jurisdictions, like in different cities and regions in addition to among the provinces, meaning different Crown offices appear to vary in their approach to domestic violence cases and the issuance of Peace Bonds in the resolution of such cases.

It is clear, again, each case, every allegation, depends on the particular facts and circumstances in that case.

That said, in a more general sense, no particular expertise necessary, it is clear that the situations in which crimes involving domestic violence are alleged vary greatly, from what appears to be unusual instances of false reporting, to the far more common instances of under-reporting, and unfortunately widespread male-dominated powering-down behavior is all too prevalent. The legacy of domestic violence allegations, the "historical" context so to say, has far, far too long allowed too many, mostly men, to get away with not just particular instances of abusive behavior, but patterns of abuse. This does not illuminate what the actual situation is in any individual case; each case depends on its individual facts. But the "history" is rife with the failure of society and the criminal justice system, a sad if not utterly dismal failure, to adequately protect women from domineering and abusive men.

It demands noting, for example, that among the most high-profile well-known male predators, one who has openly bragged about assaulting women and whose history is rife with bullying, abusive behavior, is the former American president Donald Trump. It demands asking: why would anyone use that name when interacting in social media given its implications are so blatantly obvious?

Beyond that, considering the risk of a Freudian slip in regards to Freudian slip insinuations, I best not wander into the realm of psychology.

Under what circumstances does crown don't give disclosure on first date? I had my first date but crown didn't give disclosure.

 

[Donald Trump]

@dpenabill
As of now 2 court dates have passed and hearing was adjourned due to no disclosure provided by Crown. My citizenship file is in process and how long does it take for providing disclosure? These delays will cause an issue with my citizenship application and delaying record purge. Please let me know whether it is normal for crown attorney to delay these and how long can they delay? Is there any pressure from judge to offer disclosure?
Thanks

 

[dpenabill]

@dpenabill
As of now 2 court dates have passed and hearing was adjourned due to no disclosure provided by Crown. My citizenship file is in process and how long does it take for providing disclosure? These delays will cause an issue with my citizenship application and delaying record purge. Please let me know whether it is normal for crown attorney to delay these and how long can they delay? Is there any pressure from judge to offer disclosure?
Thanks

I am no expert in regards to PRs and citizenship, let alone in regards to immigration generally. BUT I am especially NOT much acquainted with criminal law practice and procedure in Canada. Long, long way from that.

That is, I don't know.

What I do know is that there is a big difference between process and procedure for citizenship applications and the criminal process, and that difference is most people do NOT need a lawyer when applying for citizenship, whereas, in contrast, it is generally foolish, if not downright stupid, to not be represented by competent professional counsel in criminal case proceedings.

Your question is for YOUR lawyer. If you do not have one, get one (or go walking into traffic wearing a blindfold, same diff).

A sidebar observation: what is "normal" . . . say, "normal for crown attorney," has little or no import. What little I do know about the criminal procedure in Canada is that there tends to be quite a lot of variability in actual practices. What the Crown attorney typically does in Peel, Ontario may not illuminate much about how the Crown attorney usually proceeds in Kingston, Ontario, let alone Vancouver or Calgary.

Moreover, in case you have not paid much attention to reality lately (like your namesake), a global pandemic has really skewered government processing and procedure big time. Actual procedural practices now, and it appears for a bit still to come, tend to deviate from "normal" in many regards.

 

[wstrn24]

@dpenabill
As of now 2 court dates have passed and hearing was adjourned due to no disclosure provided by Crown. My citizenship file is in process and how long does it take for providing disclosure? These delays will cause an issue with my citizenship application and delaying record purge. Please let me know whether it is normal for crown attorney to delay these and how long can they delay? Is there any pressure from judge to offer disclosure?
Thanks

I assume you've met the Justice of Peace on your first two court dates and they should have asked the Crown to provide you the disclosure. You should be expecting some delay on your citizenship application and a citizenship officer will contact you if they need any information from you. At least that's what happened to my case. It is normal to take 6 months or longer to resolve a case if there's no trial.

 

[Donald Trump]

I assume you've met the Justice of Peace on your first two court dates and they should have asked the Crown to provide you the disclosure. You should be expecting some delay on your citizenship application and a citizenship officer will contact you if they need any information from you. At least that's what happened to my case. It is normal to take 6 months or longer to resolve a case if there's no trial.

Thanks a lot. How many charges you had? After how many court appearances did you get disclosure?

 

[wstrn24]

Thanks a lot. How many charges you had? After how many court appearances did you get disclosure?

2 same charges because there were 2 accusers. I had received the disclosure before my first court appearance. I believe I received it 1.5 months after the charges were laid. And my charges have been withdrawn by the Crown as the accusers and their witnesses lied. No peace bond, no conditions whatsoever. I was self-represented as I did not retain a lawyer. It took me 8 months to resolve the case. I'm glad that I terminated the contract with the lawyer and I do think I did a good job myself. Just gotta be calm, reasonable and understand each element of your charges well enough to have resolution meetings with the Crown and the JPT judge.

 

[Donald Trump]

2 same charges because there were 2 accusers. I had received the disclosure before my first court appearance. I believe I received it 1.5 months after the charges were laid. And my charges have been withdrawn by the Crown as the accusers and their witnesses lied. No peace bond, no conditions whatsoever. I was self-represented as I did not retain a lawyer. It took me 8 months to resolve the case. I'm glad that I terminated the contract with the lawyer and I do think I did a good job myself. Just gotta be calm, reasonable and understand each element of your charges well enough to have resolution meetings with the Crown and the JPT judge.

If you got disclosure in 1.5 months then how come it took 8 months to resolve your matter? and it must have taken more to resolve your immigration matter right?
I am facing 12 charges including simple assault, mischief and misdemeanor. I wonder how long will it take for mine. I am having a lawyer though..

 

[wstrn24]

If you got disclosure in 1.5 months then how come it took 8 months to resolve your matter? and it must have taken more to resolve your immigration matter right?
I am facing 12 charges including simple assault, mischief and misdemeanor. I wonder how long will it take for mine. I am having a lawyer though..

Because I refused to retain a lawyer which means I had to review the disclosure, collect all the evidence and have the resolution meetings with the Crown on my own. It really took a lot of time to book a 20 mins meeting with the Crown and there was a lot of back and forth. The JP often suggest to adjourn the case for a month when we were just waiting for a response from the accusers. Having a lawyer would have greatly reduced such wait time.

12 charges seems a lot to deal with... I knew I didn't do what the accusers said so I was not too concerned. The lawyers that I consulted actually recommended me to sign the peace bond so that the charges would be withdrawn in a quicker fashion. But I refused. Charges were withdrawn on the second JPT. Honestly I think it was a bit difficult to deal with the Crown attorneys as they were pretty stubborn due to the nature of domestic violence. But the JPT judges would always give you their fair judgment on the case.

In terms of the citizenship application, I just had to deal with the delay and provided some court documents. I was not facing any immigration issue. As long as the Crown is not proceeding your case by indictment(check your Adult Charge Screening Form, but you should have received the disclosure first), you won't get a refusal in your application. They would have to inform you first and give you opportunities to submit court documents on that matter before they make a decision on your file.

 

[wstrn24]

Do upfront counseling increase chances of getting a peace bond? Please suggest some counseling centers in Ontario and specific program name if you have one. Thanks.

You should be able to get such information from the Crown.

 

[Donald Trump]

my charges are still pending but got an invitation for citizenship test. What should I do? I have notified IRCC about my criminal charges