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driving with communication device in hand ticket ontario

Discussion in 'Refugees and Asylum' started by eli2018, Jul 6, 2019.

  1. A police officer gave my friend a ticket of driving with communication device in hand. Actually my friend was talking on cars speakers but not holding any phone. Can this ticket affect his asylum seeking case in canada?

    what's the best way to go over this?

    Thanks.
     
  2. Usually, but not always, a speeding violation will not make you inadmissible to Canada. In order to be considered a criminal conviction in Canada, an offence must violate federal legislation such as the Criminal Code of Canada. Traffic violations generally fall under the jurisdiction of the Provincial governments in Canada and therefore are not considered criminal convictions. However, if someone has been convicted of the equivalent of reckless or negligent driving, this can be considered a criminal offence in Canada and might make this person inadmissible to Canada.

    Another reference

    http://laws-lois.justice.gc.ca/eng/acts/I-2.5/page-8.html#h-23

    Section 36 part 2. Since you did not get convicted of a criminal offence (you don't have criminal record) then it means you are absolutely OK.
     
  3. It has zero effect if they pay it and move on, if they don't and decide not to show to the court either to get it waived or reduced, an arrest warrant can be issued which can become a problem. This kind of ticket is administrative and not an indictable offence.
     
  4. Thanks. we were worried. now, i got it.
     
  5. Thanks, my friend is trying to fight the ticket. Am happy that it won't affect his status here. Thanks again.
     
  6. Of course, if your friend had been in Canada illegally, he would be probably be in immigration detention now...
    This is an example of how a minor infraction can cause potential problems. In this case however, it seem that there will be no immigration impact.
     

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