Jail time as a PR

[thisismine0909]

Hello all,
My partner has been a permanent resident since 2018 and is currently in custody since July 4th 2022 with no trial date yet. I am aware of a 6 month rule that would lead a PR to be eligible for deportation but my question is does that 6 months begin at sentencing or did that 6 months begin at the date he was arrested?
Edit: Currently the allegations against him are Utter Threats x4, Assault with a Weapon x2, Assault Choke x3, Forcible Confinement, Obstruct Justice, Fail to Comply with Release Order, Utter Threats to Animal, Assault, Assault Cause Bodily Harm, Willfully Cause Pain and Suffering to Animal, Point Firearm, Breach Recognizance. The criminal lawyer has assured us the only charges that can stick would be Failing to comply, Breach and Threats.
Thank you kindly

 

[Ponga]

Can you disclose the offence that your partner has been charged with? That could be a big factor in what happens regarding their PR status.

 

[scylla]

Hello all,
My partner has been a permanent resident since 2018 and is currently in custody since July 4th 2022 with no trial date yet. I am aware of a 6 month rule that would lead a PR to be eligible for deportation but my question is does that 6 months begin at sentencing or did that 6 months begin at the date he was arrested?
Thank you kindly

I agree that we need to know the potential conviction involved. To my understanding, the rule is sentenced to at least six months OR convicted of a crime that carries a max penalty of ten years or more. So if either of these conditions are met, there is a problem.

To answer your question about the six months, it's about what sentence is given. This may or may not include time spent in custody pre-conviction. Sometimes someone is given a sentence but given credit for time already spent in jail pre-conviction. So it's ultimately about what sentence is given.

 

[thisismine0909]

Can you disclose the offence that your partner has been charged with? That could be a big factor in what happens regarding their PR status.

Yes currently the allegations against him are Utter Threats x4, Assault with a Weapon x2, Assault Choke x3, Forcible Confinement, Obstruct Justice, Fail to Comply with Release Order, Utter Threats to Animal, Assault, Assault Cause Bodily Harm, Willfully Cause Pain and Suffering to Animal, Point Firearm, Breach Recognizance. The criminal lawyer has assured us the only charges that can stick would be Failing to comply, Breach and Threats.

 

[thisismine0909]

I agree that we need to know the potential conviction involved. To my understanding, the rule is sentenced to at least six months OR convicted of a crime that carries a max penalty of ten years or more. So if either of these conditions are met, there is a problem.

To answer your question about the six months, it's about what sentence is given. This may or may not include time spent in custody pre-conviction. Sometimes someone is given a sentence but given credit for time already spent in jail pre-conviction. So it's ultimately about what sentence is given.

Have added to the post the allegations

 

[scylla]

Yes currently the allegations against him are Utter Threats x4, Assault with a Weapon x2, Assault Choke x3, Forcible Confinement, Obstruct Justice, Fail to Comply with Release Order, Utter Threats to Animal, Assault, Assault Cause Bodily Harm, Willfully Cause Pain and Suffering to Animal, Point Firearm, Breach Recognizance. The criminal lawyer has assured us the only charges that can stick would be Failing to comply, Breach and Threats.

I think you should be working with an immigration lawyer in addition to the criminal lawyer.

 

[thisismine0909]

I think you should be working with an immigration lawyer in addition to the criminal lawyer.

We have been in touch with multiple and are told that until the charges are actually laid there is nothing they can advise or suggest as allegations are just hearsay.
My goal was to obtain some clarification on this 6 month rule that I have been hearing about but wasn't able to fully get clarification on from other sources.

 

[Ponga]

Yes currently the allegations against him are Utter Threats x4, Assault with a Weapon x2, Assault Choke x3, Forcible Confinement, Obstruct Justice, Fail to Comply with Release Order, Utter Threats to Animal, Assault, Assault Cause Bodily Harm, Willfully Cause Pain and Suffering to Animal, Point Firearm, Breach Recognizance. The criminal lawyer has assured us the only charges that can stick would be Failing to comply, Breach and Threats.

Yikes! `On paper'...this seems to look pretty bad. What guarantee can the lawyer give...besides none?! I am especially curious about the uttering a threat to an animal! LOL! But if your partner harmed an animal...that alone, should be a mandatory multiple year prison sentence, IMHO.

Seriously though...
https://laws-lois.justice.gc.ca/eng/acts/c-46/section-264.1.html

Uttering threats

• 264.1 (1) Every one commits an offence who, in any manner, knowingly utters, conveys or causes any person to receive a threat
  • (a) to cause death or bodily harm to any person;
  • (b) to burn, destroy or damage real or personal property; or
  • (c) to kill, poison or injure an animal or bird that is the property of any person.
  • 
    
  • Punishment
  • 
    (2) Every one who commits an offence under paragraph (1)(a) is guilty of
  • (a) an indictable offence and liable to imprisonment for a term not exceeding five years; or
  • (b) an offence punishable on summary conviction.

---

So, if your partner were to be convicted of even one of those 5 threats alone (4 human +1 animal), that would seem to be more than enough to revoke PR status, but...I am not a lawyer.

[Edit]

Was the animal by chance a police animal (K-9)?

 

[thisismine0909]

Yikes! `On paper'...this seems to look pretty bad. What guarantee can the lawyer give...besides none?! I am especially curious about the uttering a threat to an animal! LOL! But if your partner harmed an animal...that alone, should be a mandatory multiple year prison sentence, IMHO.

Seriously though...
https://laws-lois.justice.gc.ca/eng/acts/c-46/section-264.1.html

Uttering threats

• 264.1 (1) Every one commits an offence who, in any manner, knowingly utters, conveys or causes any person to receive a threat
  • (a) to cause death or bodily harm to any person;
  • (b) to burn, destroy or damage real or personal property; or
  • (c) to kill, poison or injure an animal or bird that is the property of any person.
• Marginal noteunishment
  (2) Every one who commits an offence under paragraph (1)(a) is guilty of
  • (a) an indictable offence and liable to imprisonment for a term not exceeding five years; or
  • (b) an offence punishable on summary conviction.

---

So, if your partner were to be convicted of each of those 4 threats alone (4 human +1 animal), that would seem to be more than enough to revoke PR status, but...I am not a lawyer.

Yes I agree it all sounds so bad and my partner being a soft spoken lover not a fighter just twists me up to have all of these things being said on him. There has been no evidence produced for these allegations not even in the disclosure so we've been shocked he is still there as there honestly isn't any evidence. It's a heavy lot allegations with nothing to sustain them.
Thank you so much for your response and the link as well!

 

[Ponga]

Good luck!

 

[thisismine0909]

Yes I agree it all sounds so bad and my partner being a soft spoken lover not a fighter just twists me up to have all of these things being said on him. There has been no evidence produced for these allegations not even in the disclosure so we've been shocked he is still there as there honestly isn't any evidence. It's a heavy lot allegations with nothing to sustain them.
Thank you so much for your response and the link as well!

Edit: Oh no lol the animal in question was not a K9

 

[scylla]

We have been in touch with multiple and are told that until the charges are actually laid there is nothing they can advise or suggest as allegations are just hearsay.
My goal was to obtain some clarification on this 6 month rule that I have been hearing about but wasn't able to fully get clarification on from other sources.

What the immigration lawyers have told you does make sense. They won't be able to comment on impact until you know which charges are going to actually stick and the related sentence. I think you would just want to make sure you have a very good immigration lawyer lined up for when that happens.

Again, for this six month sentence calculation, it's all about what overall sentence is given for the charges that stick. That may include time served or it may not.

Good luck.

 

[thisismine0909]

What the immigration lawyers have told you does make sense. They won't be able to comment on impact until you know which charges are going to actually stick and the related sentence. I think you would just want to make sure you have a very good immigration lawyer lined up for when that happens.

Again, for this six month sentence calculation, it's all about what overall sentence is given for the charges that stick. That may include time served or it may not.

Good luck.

Much appreciated, thank you kindly!

 

[5Kent]

Your partner has chosen a very bad time to commit crimes

 

[Ponga]

What the immigration lawyers have told you does make sense. They won't be able to comment on impact until you know which charges are going to actually stick and the related sentence. I think you would just want to make sure you have a very good immigration lawyer lined up for when that happens.

Again, for this six month sentence calculation, it's all about what overall sentence is given for the charges that stick. That may include time served or it may not.

Good luck.

Yes, but what about this:

The criminal lawyer has assured us the only charges that can stick would be Failing to comply, Breach and Threats.

If the lawyer has assured them that Failing to comply, Breach and Threats `can stick', that's more than enough damage to the PR. IF convicted.