HELP!!! Convicted of IMPAIRED DRIVING

[unknownperson101]

Well some poor judgement led to me driving impaired. I was charged and convicted of impaired driving and put under six (6) months of probation. The thing is I was convicted and charged one month before my oath. Right after the citizenship test and interview but right before the oath. My citizenship file was complete and no prior records or unexplained/incomplete absence and submitted last year in August (2013). My question is what should I do on the oath day? I can't lie to the judge and people there? Does anyone have any experience with this?

 

[on-hold]

Others will weigh in with more precise information -- but I believe there is case law of citizenship being revoked from an applicant who didn't disclose an arrest/conviction in a situation similar to this; though I think it might have been that they didn't disclose at the interview, and were blocked from taking the oath. Personally, I think you have nothing to gain and everything to lose by concealing this.

 

[SenoritaBella]

Here's a case that should answer your question: http://visalawcanada.blogspot.ca/2014/02/failure-to-disclose-criminal-charges.html

If you are still in doubt, read section 11 of the citizenship application form:

· I agree to advise Citizenship and Immigration Canada if any information on this form changes before I take the Oath of Citizenship. I understand the contents of this form. I declare that the information provided is true, correct, and complete, and that the photographs enclosed are a true likeness of me. I understand that if I make a false declaration, or fail to disclose all information material to my application, I could lose my Canadian citizenship and be charged under the Citizenship Act.

· I have indicated in Section 8 whether the prohibitions apply to me.

If you lie or conceal the truth, you are looking at eventual revocation of your citizenship, and possibly deportation. The new Citizenship Bill makes revocation relatively straight forward especially if the evidence is undisputed.

 

[unknownperson101]

I am not going to hide this. Why hide this now and live in fear of revocation for rest of the life. I am going to tell the people there about my probation. I was wondering if anyone has any idea how they(CIC, Oath office staff) will proceed from there on.

 

[eileenf]

As you suspect, you cannot become a citizen while on parole or probation.
http://www.cic.gc.ca/english/citizenship/become-eligibility.asp#criminal

As you are checked in for the Oath, the officer asks if you have any criminal issues. You would need to answer yes. Even if they don't ask, you need to volunteer this info.

However, I would strongly suggest sorting this out beforehand and speaking to a professional (either a settlement worker with whom you can consult for free or a knowledgeable lawyer, which will not be free). They could give you a sense of how your case will go forward and any issues to be aware of when informing CIC and beyond.

They may suggest that you call the Call Centre and/or inform CIC in writing before your Oath date.

While this doesn't apply to unknownperson101, other PRs with criminal issues who may read this should know that any PR charged with a crime absolutely needs to consult a lawyer who knows about the immigration consequences of criminal convictions. Sometimes criminal lawyers will advise clients to take plea bargains or plead guilty without realizing that their client could get deported (PRs sentenced in Canada to prison for 6 months or more for a crime can be deported). See this pdf for more info: https://ccrweb.ca/files/criminalitybackgrounderen.pdf

Your instinct to be straightforward and honest with the CIC is a good one. You definitely need to do so, due to issues regarding misrepresentation that others have mentioned, but you would be wise to speak to a professional first.
Good luck to unknownperson101.

 

[SinghLovCan]

Im glad I dont drink. DUI is serious. Let us know what happened in the end.

 

[yuz]

I never know that the impaired driving can be so serious that affects our citizenship applications.

 

[SenoritaBella]

It can affect any application, including PR, visitor visa, etc. If he had just applied for PR, then this DUI happened, they could have rejected his PR application(criminal inadmissibility) and he would have had to wait at least 5 years after completing the probation before he can re-apply for PR. So all in all, eventhough this conviction may delay his citizenship, he dodge an even bigger bullet.

The other side of the coin is, it may be next to impossible to get a car insurance company to agree to insure him unless he is willing to pay crazy high premiums.

I never know that the impaired driving can be so serious that affects our citizenship applications.

 

[SenoritaBella]

Were you charged with any crime? If not, I don't believe it's a criminal offence but I'm not versed with the law so you should confirm with a lawyer/search online.

What provincial law is this? The Residential Tenacy Act(which outlines rules/responsibilities for the Landlord and the Tenant)?

If you don't mind my asking, how come you and landlord didn't go dispute resolution instead, with a mediator?

If someone is summoned to provincial court for an infraction to provincial law (dispute between tenants and landlords), it is not a criminal offence right?
CIC says on thei website you have to advise them if you are convicted of criminal offence

 

[Empirical-Scientist]

This is a criminal offence under the Criminal Code of Canada, Section 253: http://laws-lois.justice.gc.ca/eng/acts/C-46/page-123.html?texthighlight=impairment+impaired#s-253. As such, you should (must?) report it even if not asked...:

[size=10pt]Operation while impaired

253. (1) Every one commits an offence who operates a motor vehicle or vessel or operates or assists in the operation of an aircraft or of railway equipment or has the care or control of a motor vehicle, vessel, aircraft or railway equipment, whether it is in motion or not,
(a) while the person's ability to operate the vehicle, vessel, aircraft or railway equipment is impaired by alcohol or a drug; or
(b) having consumed alcohol in such a quantity that the concentration in the person's blood exceeds eighty milligrams of alcohol in one hundred millilitres of blood.
Marginal note:For greater certainty

(2) For greater certainty, the reference to impairment by alcohol or a drug in paragraph (1)(a) includes impairment by a combination of alcohol and a drug.[/size]

 

[Woodex]

Question, can you be denied citizenship oath if the charges are withdraw?

 

[PMM]

Hi

Question, can you be denied citizenship oath if the charges are withdraw?

No.

 

[rayman_m]

Were you charged with any crime? If not, I don't believe it's a criminal offence but I'm not versed with the law so you should confirm with a lawyer/search online.

What provincial law is this? The Residential Tenacy Act(which outlines rules/responsibilities for the Landlord and the Tenant)?

If you don't mind my asking, how come you and landlord didn't go dispute resolution instead, with a mediator?

Landlord and Tenant dispute is not under criminal jurisdiction. These disputes are resolved by Landlord and Tenant Board. Nature of disputes are mostly on rental terms violation and monetary claim related issues. However, if the disputes are serious nature such as physical assault by either party then it may go to the police under criminal code of conduct.

 

[Flocan]

Thanks rayman_m , no it is an issue of deposit not gioven back to tenant...

 

[SenoritaBella]

Ok cool... nothing to worry about.

Thanks rayman_m , no it is an issue of deposit not gioven back to tenant...