Arrested during Citizenship Application - Desperately need help

[pete6256]

So my sister has a bit of a drug problem. She's not a bad girl, never stolen anything, works a respectable job and has certainly never hurt anybody, but has an unfortunate addiction to cocaine.

She has never been arrested or had any convictions of any kind in any country, but she was caught in possession of 4 grams of coke recently she was using for personal use. Needless to say, she is terrified about the implications this will have on her Citizenship application.

She's already completed the citizenship test & interview and that all went okay. Now she is waiting for the Oath ceremony which is based in Scarborough, ON so is probs about 6 week away.

If she charged and convicted of drug possession, could she have her PR revoked and then face immediate deportation from Canada? At the very least it will cancel her PR status surely.?

When she gets her letter summoning her to her oath ceremony, presumably she must have to declare at the ceremony that she has a pending legal case? Should she inform CIC now to have her application suspended / cancelled? Sorry for all the questions, if anyone can recommend a good lawyer in the GTA area that specializes in Criminal / Immigration cases, that would be great!!

Sorry for all the questions, not sure where else to turn.

 

[Joshua1]

Check this out: http://www.legalline.ca/legal-answers/permanent-residence-and-citizenship-applicants-with-criminal-records/

And get a criminal/immigration lawyer.

 

[jamie hito]

I have not experienced nor know any acquaintances in your siblings predicament but PR deportation on the grounds of (personal use) cocaine possession is absurd. Or her citizenship application be canceled or denied.

She isn’t selling. There are far more heinous crimes that ought make immigrants like us kicked out automatically. But drug addiction because the government failed to stymie the cartels selling their products as far north as Canada isn’t the addicts fault. Heck, you can buy coke in the streets of Toronto.

One thing will tell you, the Feds failed in their War on Drugs.

 

[canuck_in_uk]

So my sister has a bit of a drug problem. She's not a bad girl, never stolen anything, works a respectable job and has certainly never hurt anybody, but has an unfortunate addiction to cocaine.

She has never been arrested or had any convictions of any kind in any country, but she was caught in possession of 4 grams of coke recently she was using for personal use. Needless to say, she is terrified about the implications this will have on her Citizenship application.

She's already completed the citizenship test & interview and that all went okay. Now she is waiting for the Oath ceremony which is based in Scarborough, ON so is probs about 6 week away.

If she charged and convicted of drug possession, could she have her PR revoked and then face immediate deportation from Canada? At the very least it will cancel her PR status surely.?

When she gets her letter summoning her to her oath ceremony, presumably she must have to declare at the ceremony that she has a pending legal case? Should she inform CIC now to have her application suspended / cancelled? Sorry for all the questions, if anyone can recommend a good lawyer in the GTA area that specializes in Criminal / Immigration cases, that would be great!!

Sorry for all the questions, not sure where else to turn.

Possession is a hybrid offence, so it can be prosecuted as an indictable or summary offence. If she is charged and convicted of a summary offence, it will not render her ineligible for citizenship. She will still need to inform IRCC of the charges and should expect her app to be delayed while IRCC verifies info. However, if she is charged and convicted of an indictable offence, that will make her ineligible for citizenship.

No point in getting an immigration lawyer. She should focus on getting a great criminal lawyer.

 

[zardoz]

Agree with the above.

http://laws-lois.justice.gc.ca/eng/acts/C-38.8/page-1.html

Cocaine is listed as a Schedule I drug.

Offences and Punishment
Particular Offences
Marginal note : Possession of substance

• 4 (1) Except as authorized under the regulations, no person shall possess a substance included in Schedule I, II or III.
  
  
• Marginal note : Obtaining substance
  (2) No person shall seek or obtain
  • (a) a substance included in Schedule I, II, III or IV, or
    
    
  • (b) an authorization to obtain a substance included in Schedule I, II, III or IV
  from a practitioner, unless the person discloses to the practitioner particulars relating to the acquisition by the person of every substance in those Schedules, and of every authorization to obtain such substances, from any other practitioner within the preceding thirty days.
  
  
• Marginal note : Punishment
  (3) Every person who contravenes subsection (1) where the subject-matter of the offence is a substance included in Schedule I
  • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding seven years; or
    
    
  • (b) is guilty of an offence punishable on summary conviction and liable
    • (i) for a first offence, to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding six months, or to both, and
      
      
    • (ii) for a subsequent offence, to a fine not exceeding two thousand dollars or to imprisonment for a term not exceeding one year, or to both.

 

[winpro]

Well, It seems a very murky situation at best. She should get a criminal lawyer and try to cut deal for the summary conviction. If she can survive the indicatble offence, then she should have no problem.

I wish you luck on this. It is very unfortunate man.

 

[sns204]

Just to throw it out there, because I like to play devil's advocate... Isn't it only upon conviction that she would have a potential problem? If her court appearance is not until after oath, is there any jeopardy?

 

[spyfy]

Just to throw it out there, because I like to play devil's advocate... Isn't it only upon conviction that she would have a potential problem? If her court appearance is not until after oath, is there any jeopardy?

No, just being charged with an indictable offence makes you ineligible for citizenship, although just temporarily. Note that in the form, you have to answer NO to this question:
"Are you now charged with, on trial for, or subject to or a party to an appeal relating to [...] an indictable offence in Canada?"

At the oath you will have to confirm that this (and other things) is still not the case.

Note the important difference though: Being charged only temporarily holds the citizenship app. As soon as one is acquitted, one can continue with the citizenship process (after all, you have been found not guilty). If, on the other hand, one is actually convicted that bans them from acquiring citizenship, at least for several years.

 

[sns204]

No, just being charged with an indictable offence makes you ineligible for citizenship, although just temporarily. Note that in the form, you have to answer NO to this question:
"Are you now charged with, on trial for, or subject to or a party to an appeal relating to [...] an indictable offence in Canada?"

At the oath you will have to confirm that this (and other things) is still not the case.

Note the important difference though: Being charged only temporarily holds the citizenship app. As soon as one is acquitted, one can continue with the citizenship process (after all, you have been found not guilty). If, on the other hand, one is actually convicted that bans them from acquiring citizenship, at least for several years.

That's what I get for not looking through the app before posting... lol

 

[canuck_in_uk]

Just to throw it out there, because I like to play devil's advocate... Isn't it only upon conviction that she would have a potential problem? If her court appearance is not until after oath, is there any jeopardy?

One becomes ineligible upon being charged with an indictable offence. If she hasn't yet been charged when she goes to the oath, she could try to go ahead with it but if she does end up with indictable charges from events that occurred before she became a citizen, I imagine it could cause problems.

 

[pete6256]

Thanks everyone, so if I am understanding correctly, there is no nightmare worst case scenario where getting convicted in an indictable offence of possessing 4 grams of cocaine could get apermanent resident deported completely from Canada for ever?

Worst realistic case, she’s charged with an indictable offence, she informs the Canada Border Agency of the situations, her application is the delayed / cancellled. She has to wait as PR for a few more years until her case is resolved before she can reapply.

But realistically, if she is charged with a summary offence with a court date after her oath ceremony (or even better she gets a discharge before her ceremony), she might still be okay. I hope!

 

[links18]

She might want to consider a drug rehab program with some quickness.