Criminal Rehabilitation

[mugatu300]

Hello all, I have a question regarding criminal rehabilitation for entry into Canada. According to the IRCC site, it says:

"you may be deemed to have been rehabilitated if at least ten years have passed since you completed the sentence imposed upon you, or since you committed the offence, if the offence is one that would, in Canada, be an indictable offence punishable by a maximum term of imprisonment of less than ten years."

Obviously there is a big difference between committing the offense and completion of the sentence. There is no mention on the site about which date they go by. If convicted in 2012 but sentenced in 2014 for 1 year sentence (completion in 2015), will deemed rehabilitated be in 2022 or 2025? Fingers crossed that it could mean 2022. Otherwise, will have to apply for rehabilitation because 2025 is a long ways away.

https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5312-rehabilitation-persons-inadmissible-canada-past-criminal-activity.html

 

[scylla]

Hello all, I have a question regarding criminal rehabilitation for entry into Canada. According to the IRCC site, it says:

"you may be deemed to have been rehabilitated if at least ten years have passed since you completed the sentence imposed upon you, or since you committed the offence, if the offence is one that would, in Canada, be an indictable offence punishable by a maximum term of imprisonment of less than ten years."

Obviously there is a big difference between committing the offense and completion of the sentence. There is no mention on the site about which date they go by. If convicted in 2012 but sentenced in 2014 for 1 year sentence (completion in 2015), will deemed rehabilitated be in 2022 or 2025? Fingers crossed that it could mean 2022. Otherwise, will have to apply for rehabilitation because 2025 is a long ways away.

https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5312-rehabilitation-persons-inadmissible-canada-past-criminal-activity.html

They go by the date you completed the sentence imposed, this includes paying any fines and / or completing any probation or license suspensions.

In your scenario the individual would be deemed rehabilitated in 2025.

 

[mugatu300]

They go by the date you completed the sentence imposed, this includes paying any fines and / or completing any probation or license suspensions.

In your scenario the individual would be deemed rehabilitated in 2025.

Thank you for the reply! May I ask, why do you think they list both scenarios on their website then?

It says both:

• You are deemed rehabilitated: at least ten years after completion of the sentence imposed.

AND (in a separate line)

• You are deemed rehabilitated: at least ten years after commission of the offence.

Could it be for a situation where an individual was convicted but received no sentence?

I was planning on attempting to cross and reference its been 10 years since comission of the offense (2012) but it seems as though that would be a stupid idea correct? Figured whats the worst that could happen lol...

 

[Bornlucky]

Thank you for the reply! May I ask, why do you think they list both scenarios on their website then?

It says both:

• You are deemed rehabilitated: at least ten years after completion of the sentence imposed.

AND (in a separate line)

• You are deemed rehabilitated: at least ten years after commission of the offence.

Could it be for a situation where an individual was convicted but received no sentence?

I was planning on attempting to cross and reference its been 10 years since comission of the offense (2012) but it seems as though that would be a stupid idea correct? Figured whats the worst that could happen lol...

It depends upon the conviction for the crime you committed and what it compares to in Canada's Criminal Code.

The important part is: "if the offence is one that would, in Canada, be an indictable offence punishable by a maximum term of imprisonment of less than ten years."

If you committed an offence where the greatest possible sentence could be more than ten years - measure from the date the imposed sentence was satisfied.

If the maximum sentence for this crime in Canada has a maximum sentence of less than ten years, it's the date of the commission of the offence.

So, they determine what your criminal conviction would equate to under Canada's Criminal Code and that determines which date you go by.

 

[mugatu300]

It depends upon the conviction for the crime you committed and what it compares to in Canada's Criminal Code.

The important part is: "if the offence is one that would, in Canada, be an indictable offence punishable by a maximum term of imprisonment of less than ten years."

If you committed an offence where the greatest possible sentence could be more than ten years - measure from the date the imposed sentence was satisfied.

If the maximum sentence for this crime in Canada has a maximum sentence of less than ten years, it's the date of the commission of the offence.

So, they determine what your criminal conviction would equate to under Canada's Criminal Code and that determines which date you go by.

Thanks for the reply. Do you mind referencing where you see that regarding less than or more than 10 year max term dictating the date they go by?

In the link below, I only see the following info which makes it seem like if <10 year max sentence, either date is possible and if >10 years max term, you must apply for rehabilitation and cannot simply wait for enough time to pass.


If you were convicted of an offence outside Canada that, if committed in Canada, would be an indictable offence punishable by a maximum term of imprisonment of less than ten years:

• You are deemed rehabilitated: at least ten years after completion of the sentence imposed.

If you committed an offence outside Canada that, if committed in Canada, would be an indictable offence punishable by a maximum term of imprisonment of less than ten years:

• You are deemed rehabilitated: at least ten years after commission of the offence.

If you were convicted of an offence or you committed an offence outside Canada that, if committed in Canada, would be punishable by a maximum term of imprisonment of ten years or more:

• You are deemed rehabilitated: not applicable.

https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5312-rehabilitation-persons-inadmissible-canada-past-criminal-activity.html

 

[Bornlucky]

Thanks for the reply. Do you mind referencing where you see that regarding less than or more than 10 year max term dictating the date they go by?

In the link below, I only see the following info which makes it seem like if <10 year max sentence, either date is possible and if >10 years max term, you must apply for rehabilitation and cannot simply wait for enough time to pass.


If you were convicted of an offence outside Canada that, if committed in Canada, would be an indictable offence punishable by a maximum term of imprisonment of less than ten years:

• You are deemed rehabilitated: at least ten years after completion of the sentence imposed.

If you committed an offence outside Canada that, if committed in Canada, would be an indictable offence punishable by a maximum term of imprisonment of less than ten years:

• You are deemed rehabilitated: at least ten years after commission of the offence.

If you were convicted of an offence or you committed an offence outside Canada that, if committed in Canada, would be punishable by a maximum term of imprisonment of ten years or more:

• You are deemed rehabilitated: not applicable.

https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5312-rehabilitation-persons-inadmissible-canada-past-criminal-activity.html

Well, it looks like I jumped the gun with what I believed was the distinction in the first post - my apologies for that. In this post the only difference seems to be a distinction between a conviction versus a commission of a crime. I don't know how they draw such a distinction.

The whole rehab thing for immigration is drawn from Canada's treatment for the expunging of convictions within Canada, so perhaps this has something to do with conditional sentencing that occurs within Canadian courts that is likely mirrored in other nations like Australia or the UK. I don't really know.

I hate to say it but I am sorry to have weighed in with a less than helpful response. The equivalence exercise for comparing criminality from other countries with the Canadian Criminal Code, in my experience, was only ever applicable with a conviction so the word "commission" is a confusing revelation to me.

Good luck and my apologies once again.

 

[justwantachance]

Thanks for the reply. Do you mind referencing where you see that regarding less than or more than 10 year max term dictating the date they go by?

In the link below, I only see the following info which makes it seem like if <10 year max sentence, either date is possible and if >10 years max term, you must apply for rehabilitation and cannot simply wait for enough time to pass.


If you were convicted of an offence outside Canada that, if committed in Canada, would be an indictable offence punishable by a maximum term of imprisonment of less than ten years:

• You are deemed rehabilitated: at least ten years after completion of the sentence imposed.

If you committed an offence outside Canada that, if committed in Canada, would be an indictable offence punishable by a maximum term of imprisonment of less than ten years:

• You are deemed rehabilitated: at least ten years after commission of the offence.

If you were convicted of an offence or you committed an offence outside Canada that, if committed in Canada, would be punishable by a maximum term of imprisonment of ten years or more:

• You are deemed rehabilitated: not applicable.

https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5312-rehabilitation-persons-inadmissible-canada-past-criminal-activity.html

Hey, this would go for either. If you committed a offense or if you were convicted of an offense whereas some jurisdictions may not give you a conviction but instead offer you a conditional discharge (which removes the conviction after satisfying the condition) but for immigration purposed that act still occurred and they ask you about it as some point. Hope this help.

 

[petertroy166]

Its a good chance for someone to start their career again.