@FlyHigh! and
@wstrn24
Whether there is a peace bond is NOT the relevant question. What matters is the precise underlying charge and its disposition. There are different kinds of peace bonds issued under differing circumstances, subject to differing conditions. This gets complicated.
WHAT NEEDS TO BE DISCLOSED TO IRRC and WHEN; WHAT is an INDICTABLE OFFENCE:
That is partially correct. If the offence is not indictable, being charged with or convicted of that offence does NOT constitute a prohibition. No need to disclose it to IRCC.
But it is far, far from straightforward because what constitutes an indictable offence, or to address the practical side of this, what is
NOT an indictable offence IN CANADA, is complicated and in many cases (probably most by a lot) it DEPENDS on the specifics of the charge in the particular individual case.
Remember, MOST criminal offences in Canada's Criminal Code are technically indictable offences, with provisions allowing the prosecution the option of instead charging a Summary Offence, which is not an indictable offence . . . such offences, which includes many that could be considered "domestic violence" related offences, are called "hybrid" offences. They are considered to be indictable UNLESS and UNTIL they are officially designated a Summary Offence in the particular case.
Leading to . . .
Not sure where you get this from. It is, at the least, misleading, and essentially NOT true. Note, foremost, "domestic violence" is NOT designated a criminal offence in Canada. Rather, in Canada, there are numerous criminal offences which may be charged against an individual for various acts (crimes) that can be described as "domestic violence." Simple assault is the most common, but there are many others. The range of criminal offences which can be related to or arise out of domestic or family violence is discussed in depth at a Department of Justice website here:
https://www.justice.gc.ca/eng/cj-jp/fv-vf/laws-lois.html
Simple assault is perhaps the most common and least serious criminal offence typically charged for what many refer to as "domestic violence." Make no mistake, simple assault, which is defined in Section 265 of the Criminal Code, is one of the hybrid offences, as prescribed in Section 266 Criminal Code. (see
https://laws-lois.justice.gc.ca/eng/acts/C-46/page-57.html#docCont )
Another good source of information about "Domestic Assault" charges in Canada is information provided by a law firm here:
https://criminallawoshawa.com/domestic-assault-charges-in-canada/
Thus, a person charged with assault, or convicted, is subject to a prohibition AND MUST disclose this to IRCC . . . either in the application or, if it occurs after applying while the application is pending, by notifying IRCC of it.
That said, if the formal charging documents in the case specifically charge the offence under Section 266(b) in the Criminal Code, or there is a conviction specifying the charge is for Section 266(b), which in either case should refer to the charge being for a "Summary Offence," ONLY THEN would the assault charge NOT be an indictable offence.
So, to be clear
: EVEN the LEAST SERIOUS OFFENCE for ASSAULT IS TECHNICALLY AN INDICTABLE OFFENCE . . .
UNLESS and UNTIL the formal charge is specified to be a "Summary Offence."
It warrants noting, in contrast, if the charge is withdrawn or dismissed, it is NO offence at all.
SUMMARY: If a person is charged with a criminal offence related to domestic violence, and --
-- that charge is withdrawn or dismissed, it does NOT constitute an indictable offence and does NOT need to be disclosed to IRCC, or
-- if the charge is OFFICIALLY designated a Summary Offence in the charging documents, or if there is a disposition in the case which officially designates the charge is a Summary Offence, it is likewise NOT an indictable offence and does NOT need to be disclosed to IRCC, BUT
-- OTHERWISE it is most likely an indictable offence which needs to be disclosed to IRCC AND which will likely constitute a prohibition making the individual ineligible for a grant of citizenship
The Role and Effect of the Peace Bond:
As I have previously commented, here in this topic (see page 1) and elsewhere, not all Peace Bonds are created equal. They vary considerably. The status of the case in which a Peace Bond is issued can vary considerably. So just the fact that there is a Peace Bond does not illuminate whether the situation should be disclosed to IRCC or dictate what impact it will have on eligibility for citizenship. IT VARIES. IT DEPENDS.
I am NO expert in regards to citizenship or immigration. I am especially NO expert in regards to criminal procedure or law in Canada. No where near in even the parking lot outside the ballpark. So I would not dare to try explaining all the possible dispositions in which a Peace Bond can be issued, let alone the big range of terms and conditions that can be a part of the Peace Bond in a particular case.
But no particular expertise is necessary to recognize that the details involved in issuing a Peace Bond matter. This means the details in the specific case itself. If for sure the criminal charges are dismissed, withdrawn, or for sure designated a Summary Offence, they do not need to be disclosed to IRCC, and they do not constitute a prohibition. But in the actual case, the terms specifying these things can vary. For example, the charges may not be formally dismissed or withdrawn UNTIL the terms of the Peace Bond are complete, which could mean that until then there is still a pending charge for an indictable offence, which must be reported, which constitutes a prohibition.
Leading to . . .
SOME FURTHER OBSERVATIONS:
Best to err on the side of disclosing information EVEN IF it would have been OK to not disclose it. IRCC figures things out. If what the applicant discloses does not constitute a prohibition, having disclosed it will NOT hurt. Failing to disclose information the applicant should report to IRCC, in contrast, can have negative consequences ranging from serious to severe.
While the fact records have been sealed or destroyed probably means they are not something that needs to be disclosed to IRCC, and for sure do not need to be disclosed in many other contexts (like applications for a job, bank loan, apartment leasing, or such), remember that in something like a citizenship application it is imperative to disclose information truthfully. Again, there is NO HARM disclosing something to IRCC . . . if it is something that did not need to be disclosed, it will NOT hurt the application. YOU CAN TRUST IRCC to properly adjudicate whether a particular criminal case constitutes a prohibition.
IN CONTRAST, and finally, it is not so easy to trust criminal defense lawyers, prosecutors, or even the courts, to fully and accurately explain how the disposition in the criminal case can affect a citizenship application. They know the criminal law. They focus on the criminal process and its direct effect on an individual, and they have an incentive to resolve the case which can invite overlooking collateral problems. For those involved in the criminal justice system, for example, a disposition that will eventually result in the criminal charges being totally withdrawn is such a positive outcome, they can overlook the potential impact of the charges continuing to be, technically, pending the satisfaction of terms which can take a year . . . that is, for example, if the charges will not be formally withdrawn or dismissed for a year, they are looking at how positive that outcome is overall, in a year, and might not even be aware, let alone advise the defendant, that in the meantime the charge might be considered pending and a prohibition for purposes of a citizenship application. IF IN DOUBT, consult with a lawyer who is experienced in immigration and citizenship law.
