Hello,
My friend is charged with 129c (obstruction) and he has applied PR under TR to PR essential worker stream. He hasn’t done his PCC and charge us not convicted. Does he need to tell IRCC about that? And does It affect his PR application?
Thanks!
Overall: He should be sure to have a good lawyer.
Section 129 offence is a hybrid offence. That means it can be prosecuted as either an indictable offence or a summary offence.
For purposes of processing under the IRPA, which includes PR applications, a hybrid offence is considered to be an "indictable offence" even if it is eventually prosecuted as a summary offence. An indictable offence makes a FN (Foreign National) inadmissible. Not only could this result in the PR visa application being denied, it could result in losing temporary status in Canada and being deported.
Of course he is required to report this to IRCC in any application he makes for status, and is probably required to notify IRCC of this if he has a PR visa application in process. Failure to disclose or report could result in consequences for misrepresentation, which would make matters worse, potentially much worse.
Failing to report this will not, not likely, avoid IRCC finding out about it, since any IRCC processing typically includes multiple GCMS records screening, by the processing agent handling the file, and the GCMS records screening typically includes screening RCMP databases (and U.S. NCIC/FBI databases as well) for name record hits. The odds are very high that IRCC will sooner or later discover the charge, almost certainly before a final decision is made on a pending application. That is, IRCC will know. Probably sooner not later.
The actual, practical impact of this can vary considerably. The optimum outcome is to get the charge withdrawn or dismissed. He should see a lawyer, a competent, reputable criminal defense lawyer, in an effort to get the best outcome in the criminal case possible. If he can get the charge withdrawn or dismissed, this should cause no problems. Whether he can get that done depends on the case itself and other factors; only a lawyer can offer much more information about this.
If he cannot get the charge withdrawn or dismissed, he may need to also consult with an immigration lawyer (criminal defense lawyers often are not familiar with the impact of minor offences on a FN's immigration status). How such a charge will be handled by IRCC can vary a great deal, so unless it is withdrawn or dismissed, it is very difficult, if not impossible, to forecast how this will affect his status in Canada, generally, let alone the PR application. So, best to rely on a good lawyer who can evaluate all the relevant details in the matter.
