gregmah said:
Hi Folks
I received a letter of citizenship test. With the letter prohibition for is also attached
I had domestic violence with ex spouse and we ended up with peace bond which expired this year on Jan
Could anyone had a same experience that what to write or tick on that form
Will I be asked anything on the interview on that subject
Please honest advise
Yes, it is at least possible, perhaps even probable, that if you were
arrested or
charged with a criminal offence this will come up in the course of the interview. Just be prepared to accurately state the basic relevant facts: dates, place, charges, disposition. If you have a Court Information Sheet, you may want to bring that with you. If you have a "Charge Screening Form," you may also want to bring that with you.
Never mind trying to spin things at all. Nothing to spin. These things are either a problem or they are not, depending on the basic facts. Yours
probably is NOT a problem. But again that depends on the specific facts. So be prepared to share the specific facts, not a characterization of the facts but the specific facts: what charges were made, when and where, and the outcome of those charges.
Beyond that:
I am not familiar with the current "letter prohibition" you reference, and in particular whether it is the generic affirmation all applicants must make regarding whether or not there are any prohibitions, or whether because CIC identified a RCMP name-record hit for you this is specific to you and your situation.
I suspect it is a new generic form (I attended my test/interview well over a year ago), a more thorough request for affirmation regarding prohibitions, given a couple Federal Court decisions in recent years. Even if it is one specific to you, in either event you read the form and answer its questions based on your best understanding of the question and the appropriate answer given your facts.
What matters most is whether you were charged with a criminal offence, and if so what that offence was, and its ultimate disposition.
If there was a Peace Bond only, that is not a criminal charge in itself. And particularly if the conditions of the Peace Bond were fully satisfied, that probably does not require any disclosure . . . but again, you need to read the form you received, and based on
your best understanding of what it asks, give
your best, most honest and accurate answer to that question.
If there was a criminal charge, particularly if there was an arrest, but the charges were resolved by the issuance and acceptance of a Peace Bond, it is a little more complicated . . . but if the Peace Bond is now fully completed, and if any charges that were made were to be withdrawn, that amounts to a not guilty outcome, no problem. How to respond to the form if this is the case: again, read the form and respond based on your best understanding of what is asked and what is the truthful, accurate answer to that.
The Peace Bond arising out of an incident related to general assault or domestic assault/violence charges is a common issue . . . and was being discussed currently in another topic. See for example:
dpenabill said:
Actual details in the terms of the Peace Bond and regarding "withdrawn" charges make a difference. My understanding is that usually (but not anywhere near always) the charges are not technically withdrawn, that is fully withdrawn, until the terms of the Peace Bond are completed. But there are numerous reports of situations in which a Peace Bond is in place with the charges actually fully withdrawn upfront.
But . . .
dpenabill said:
[Post in effect stating that if the charge is withdrawn pursuant to the Peace Bond, the very recent Federal Court decision in the
Kamara case appears to indicate that it does not matter whether the withdrawal is effective immediately or only effective upon completion of the conditions of the Peace Bond.]
To disclose or not disclose if it is not clear you must disclose:
It might not be clear how you should respond.
Of course how you do respond is up to you and your best judgment. The obligation, of course, is to be fully truthful and to not engage in any deception, which includes not making any omission of material fact.
Personally, if in doubt I tend to lean in favour of disclosure. Sure, disclosure could lead to some delays in processing, perhaps some uncomfortable questions, and if that can be avoided, why not try to avoid it? The problem is the consequences for failing to disclose if it is something CIC expects to be disclosed . . . ranging from even longer delays and more uncomfortable questions to potential denial of the application (for misrepresentation) or even the loss of citizenship later.
But ultimately the facts are what matters. Either you are OK on the facts (appears you are) or you are not. Disclosing this will not change the facts. If you are OK on the facts (again you seem to be), disclosing this will not change that. You would still be OK. There might be questions. You might have to produce some paperwork from the Court where the Peace Bond was issued. But again, if you are OK on the facts, you are OK on the facts and it will be OK.
In contrast, if there was an arrest or criminal charges made, odds are high CIC will see this, either now or later, and have questions. If you have not disclosed this in the meantime, those questions could be a lot more difficult.
And if ultimately the facts are such you were not OK, the failure to disclose will only make it worse.
Bottom-line is that while disclosure may involve some embarrassment, it is usually the safe thing to do.
Note: if the conditions of the Peace Bond are complete, there are no outstanding conditions, all charges have been completely dismissed/withdrawn, depending on what it asks in the form, the most accurate and truthful response might indeed be none or such . . . a response which does not disclose this event. If that is what you think is the best, most right answer, that would be OK . . . I am not suggesting disclosing this gratuitously.
But if there is any doubt in your mind about whether you should disclose it, disclosure is probably the best thing to do by far.
