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Inadmissiblity Question ~ Looking for similar Alberta / BC case

Fuzu

Star Member
Oct 6, 2021
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IMHO, yours is a bit of a grey area, because (in theory) you did `commit' the offense of driving under the influence, even though you were not charged with, arrested or convicted for a criminal offense.

I concur that at the very least the IRP should be mentioned, somewhere.


do you think if they send me a pfl I have at least some grounds to defend myself ??
 

Fuzu

Star Member
Oct 6, 2021
80
0
I'm not sure if the WP extension is in any way similar to a PR application, but...

Before a person becomes a PR, they are usually asked if there have been any changes since submitting the application, related to marital status, criminality, etc., which is where they would find out.

Might be best for you to at least confer with a good lawyer ASAP, just to find out. The law firm that generously provides these free forums has their contact info at the top of this page.
what is the name of the law firm ? I cannot find it on the page
 

scylla

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Fuzu

Star Member
Oct 6, 2021
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Cohen Immigration Law.
+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445
One last question. IRP has been around for 10 years in BC. I am just dumbfounded why I can't find a single proper case of a person going through the same thing and either got their pr approved or rejection. Nothing on the internet or canlii but the law is there for 10 years that's 3650 days. Even after the DUI rule change, that's 6 years of IRP in BC. Any ideas on how to find a similar case of either approval or refusal? I have posted in many forums and FB groups but cannot find a proper case. Just found some vague comments
 

Fuzu

Star Member
Oct 6, 2021
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** Apologies for the frequent comments and tags. This will be my final question, and I would appreciate your thoughts on it. Thank you **

@dpenabill @scylla @Ponga

@armoured

I grew up experiencing physical abuse from loved ones and have faced significant hardships, making living in Canada essential for me. I have a clean prior record, actively engage in community service, and regularly contribute to charitable causes. Moreover, I am an upstanding resident whos been paying taxes for 3 years and completed my bachelor's in Canada. I deeply regret my actions, very ashamed of what I did but feel anxious about my future because of the IRP / IRS.

Back to the question:

I paid $400 for two lawyers, who stated that they don't consider it an issue, but their confirmation lacked clarity. To eliminate ambiguity, it would be helpful to find a similar case within the last six years following the DUI law change regarding Immediate Roadside Prohibitions for impaired driving and inadmissibility. However, they were unable to locate such a case from the past. I believe there must be ( and should be ) instances of rejection or acceptance for those who applied for permanent residency with an IRP in their record. This is why I express frustration because despite investing my hard-earned money in legal assistance, they cannot provide a definitive answer or retrieve a relevant precedent despite ten years of IRP being in force in British Columbia, and 4 years of IRS in Alberta. Manitoba also has a similar way of non criminally punishing impaired driving.

Should I consider contacting IRCC directly, perhaps anonymously? Any lawyers I can contact that can pull up a similar case of IRP and Pr application? Just don't want to spend another $400 and get a non définitive answer.
 
Last edited:

scylla

VIP Member
Jun 8, 2010
92,780
20,473
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
** Apologies for the frequent comments and tags. This will be my final question, and I would appreciate your thoughts on it. Thank you **

@dpenabill @scylla @Ponga

@armoured

I grew up experiencing physical abuse from loved ones and have faced significant hardships, making living in Canada essential for me. I have a clean prior record, actively engage in community service, and regularly contribute to charitable causes. Moreover, I am an upstanding resident whos been paying taxes for 3 years and completed my bachelor's in Canada. I deeply regret my actions, very ashamed of what I did but feel anxious about my future because of the IRP / IRS.

Back to the question:

I paid $400 for two lawyers, who stated that they don't consider it an issue, but their confirmation lacked clarity. To eliminate ambiguity, it would be helpful to find a similar case within the last six years following the DUI law change regarding Immediate Roadside Prohibitions for impaired driving and inadmissibility. However, they were unable to locate such a case from the past. I believe there must be ( and should be ) instances of rejection or acceptance for those who applied for permanent residency with an IRP in their record. This is why I express frustration because despite investing my hard-earned money in legal assistance, they cannot provide a definitive answer or retrieve a relevant precedent despite ten years of IRP being in force in British Columbia, and 4 years of IRS in Alberta. Manitoba also has a similar way of non criminally punishing impaired driving.

Should I consider contacting IRCC directly, perhaps anonymously? Any lawyers I can contact that can pull up a similar case of IRP and Pr application? Just don't want to spend another $400 and get a non définitive answer.
IRCC won't provide advice or guidance.

I don't have any experiences with immigration lawyers and don't have one to recommend. Maybe someone else can help.
 
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Fuzu

Star Member
Oct 6, 2021
80
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IMHO, yours is a bit of a grey area, because (in theory) you did `commit' the offense of driving under the influence, even though you were not charged with, arrested or convicted for a criminal offense.

I concur that at the very least the IRP should be mentioned, somewhere.
hi. Ponga I was thinking does the Canadian charter of rights protect me 11 d if I maintain my position I am innocent. I did not get my day in court. Without a reasonable doubt did not apply for me. In a standard criminal dui procedure you are taken to a station and have to blow in a proper breathalyzer. For the non criminal provinavial penalty they use an approved screening device which is not even admissible to be used as an evidence in courts if I were to be charged criminally. Am I okay to say I did not commit a criminal offence in that question if I not been charged criminally and also did not have my day in court ??? I feel I have grounds to defend myself

@scylla @Ponga @dpenabill @armoured

@Naturgrl

Section 11(d) – Presumption of innocence

Provision
11. Any person charged with an offence has the right:

  1. to be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal
 
Last edited:

Fuzu

Star Member
Oct 6, 2021
80
0
Purpose
Section 11(d) helps to ensure that only those who are guilty are ultimately condemned by the criminal justice system. Section 11(d) protects the innocent in two ways. First, section 11(d) guarantees the right of any person charged with an offence to be presumed innocent until proven guilty beyond a reasonable doubt. Second, section 11(d) guarantees that the process whereby the guilt of any accused will be proved, will be fair. An essential component of a fair process is that the trier of fact — whether judge or jury — be independent and impartial (Dubois v. The Queen, [1985] 2 S.C.R. 350 at 357; R. v. Oakes, [1986] 1 S.C.R. 103 at paragraph 32). Section 11(d) does not guarantee “the most favourable procedures imaginable” for the accused, nor is the broad principle of trial fairness assessed solely from the accused’s perspective (J.J., supra at paragraph 125). The right to a fair trial is considered from the perspectives of the accused, the complainant, the community and the criminal justice system at large (J.J., supra at paragraph 121).

Analysis
1. Charged with an offence
See the discussion under the general section 11 heading. This provision only applies to courts and tribunals that determine the guilt of persons charged with criminal offences (Reference re Remuneration of Judges of the Provincial Court, [1997] 3 S.C.R. 3 at paragraph 84; Ell v. Alberta, [2003] 1 S.C.R. 857 at paragraph 18; Re Application Under section 83.28 of the Criminal Code, [2004] 2 S.C.R. 248 [Re section 83.28 of the Criminal Code]).

2. The presumption of innocence
The presumption of innocence entails two essential elements, namely (1) that an accused must be proven guilty beyond a reasonable doubt, and (2) that the Crown bears the burden of establishing such guilt (Oakes, supra)
 

scylla

VIP Member
Jun 8, 2010
92,780
20,473
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
hi. Ponga I was thinking does the Canadian charter of rights protect me 11 d if I maintain my position I am innocent. I did not get my day in court. Without a reasonable doubt did not apply for me. In a standard criminal dui procedure you are taken to a station and have to blow in a proper breathalyzer. For the non criminal provinavial penalty they use an approved screening device which is not even admissible to be used as an evidence in courts if I were to be charged criminally. Am I okay to say I did not commit a criminal offence in that question if I not been charged criminally and also did not have my day in court ??? I feel I have grounds to defend myself

@scylla @Ponga @dpenabill @armoured

@Naturgrl

Section 11(d) – Presumption of innocence

Provision
11. Any person charged with an offence has the right:

  1. to be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal
There is no further advice I can provide on your situation.
 
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