I am preparing to leave for Canada at the end of January this year for a Working Holiday and am seeking guidance regarding a traffic accident record that has been filed with the police.
A few days ago, I was involved in a minor car collision. Both vehicles had stopped at a traffic light on an incline, and my car accidentally rolled backward, causing a minor collision with the vehicle behind me. After the accident, I inspected the damage, and it turned out that the other vehicle’s license plate was slightly damaged.
The driver of the other vehicle claimed personal injury and reported the incident to the police. However, we later reached a settlement, and no further civil or criminal proceedings were pursued.
My concern is that when I apply for permanent residency in the future, I will be required to submit a police certificate. I am worried that this minor incident may be recorded in the police file. I have checked my criminal record, and nothing appears as of now. However, since the case is still under investigation, there is a possibility that a record may appear in the next 2-4 weeks.
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As for the local jurisdiction, this is classified as a non-prosecutable offense. While causing bodily injury or vehicle damage through careless driving is technically a crime, the police do not have the authority to pursue prosecution if the incident was simply due to carelessness or if a settlement was reached. In this case, since we did reach a settlement, there is no reason to pursue the matter further.
As for the Canadian jurisdiction, the incident would likely be classified as careless driving, which is not considered a crime. However, it could be disputed, and I would bear the burden of proving that it was not due to carelessness. This complicates the situation, as I am unable to access the police record due to the ongoing investigation.
While no criminal charges will be brought against me, the incident could still leave a record of a non-prosecutable crime in any police certificate issued later. I understand that my options are as follows:
Many would argue that the first option is unwise, but I have heard that the Working Holiday visa is often decided by entry-level officers within IRCC, who may provide vague reasons for rejection that are difficult to appeal or reverse later. This could potentially result in the loss of my chance to enter Canada, as the Working Holiday visa is more discretionary than a PR application.
On the other hand, the PR process typically involves officers with more experience and a better understanding of the law, making them more stringent in their legal review.
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As my departure date approaches, I am unsure whether the case will be resolved before I leave.
I am uncertain about which documents I should submit to IRCC and when.
I am reaching out to this community for advice and to learn from others who may have faced similar situations. While I am trying to retain a lawyer, I would greatly appreciate any insights or experiences you can share.
Thank you in advance for your help.
A few days ago, I was involved in a minor car collision. Both vehicles had stopped at a traffic light on an incline, and my car accidentally rolled backward, causing a minor collision with the vehicle behind me. After the accident, I inspected the damage, and it turned out that the other vehicle’s license plate was slightly damaged.
The driver of the other vehicle claimed personal injury and reported the incident to the police. However, we later reached a settlement, and no further civil or criminal proceedings were pursued.
My concern is that when I apply for permanent residency in the future, I will be required to submit a police certificate. I am worried that this minor incident may be recorded in the police file. I have checked my criminal record, and nothing appears as of now. However, since the case is still under investigation, there is a possibility that a record may appear in the next 2-4 weeks.
==
As for the local jurisdiction, this is classified as a non-prosecutable offense. While causing bodily injury or vehicle damage through careless driving is technically a crime, the police do not have the authority to pursue prosecution if the incident was simply due to carelessness or if a settlement was reached. In this case, since we did reach a settlement, there is no reason to pursue the matter further.
As for the Canadian jurisdiction, the incident would likely be classified as careless driving, which is not considered a crime. However, it could be disputed, and I would bear the burden of proving that it was not due to carelessness. This complicates the situation, as I am unable to access the police record due to the ongoing investigation.
While no criminal charges will be brought against me, the incident could still leave a record of a non-prosecutable crime in any police certificate issued later. I understand that my options are as follows:
- Arrive in Canada without disclosing the non-prosecutable offense and apply for permanent residency. (There was no crime at the time of the application.)
- Disclose the non-prosecutable offense and enter Canada before the matter is reviewed and decided by IRCC.
- Disclose the non-prosecutable offense and enter Canada after the matter is reviewed and decided by IRCC.
Many would argue that the first option is unwise, but I have heard that the Working Holiday visa is often decided by entry-level officers within IRCC, who may provide vague reasons for rejection that are difficult to appeal or reverse later. This could potentially result in the loss of my chance to enter Canada, as the Working Holiday visa is more discretionary than a PR application.
On the other hand, the PR process typically involves officers with more experience and a better understanding of the law, making them more stringent in their legal review.
==
As my departure date approaches, I am unsure whether the case will be resolved before I leave.
I am uncertain about which documents I should submit to IRCC and when.
I am reaching out to this community for advice and to learn from others who may have faced similar situations. While I am trying to retain a lawyer, I would greatly appreciate any insights or experiences you can share.
Thank you in advance for your help.
