Peace bond a conviction?

[Zeeshaan10]

Hello all, got arrested in 2019 charged with simple assault got peace bond in 2021 the same year I got eligible to apply for citizenship. Started application sent peace bond along with the application in May 2021. In July 2021 got confirmation that they recieved my application. In Dec 2021 got instructions to provide finger prints. In Jan 2022 got my citizenship test done. In May 2022 recieved notice to appear for oath ceremony and today peace bond got expired and applied for the passport as well. Need to get finger prints and mug shot destroyed.

Congratulations To You Thats Really Great News, who ever Got the Simple assault Charges They Should not Worry about Theirs PR Or Citizenship Applications, But They Should not Repeat it again........

 

[Phalos]

Hello all, got arrested in 2019 charged with simple assault got peace bond in 2021 the same year I got eligible to apply for citizenship. Started application sent peace bond along with the application in May 2021. In July 2021 got confirmation that they recieved my application. In Dec 2021 got instructions to provide finger prints. In Jan 2022 got my citizenship test done. In May 2022 recieved notice to appear for oath ceremony and today peace bond got expired and applied for the passport as well. Need to get finger prints and mug shot destroyed.

don't bother...those records are kept with rcmp forever. It does not affect you in any way.

 

[rajivv]

don't bother...those records are kept with rcmp forever. It does not affect you in any way.

hi
Can peace bonds be signed from overseas, if offense took place inside Canada? because if the person is overseas, then how could they even initiate the peace bond.

 

[Phalos]

hi
Can peace bonds be signed from overseas, if offense took place inside Canada? because if the person is overseas, then how could they even initiate the peace bond.

before pandemic you had to be in court with your lawyer and sign in person. now I don't know...maybe all done by zoom lol ask a criminal lawyer.

 

[rajivv]

Technically, a Peace Bond is not a conviction.

https://www.justice.gc.ca/eng/cj-jp/victims-victimes/report-signale/peace-ordre.html

will it lead to future in-admissibility? Signing a peace bond means the person is accepting that there was a criminal act made , therefore, would ircc deem it to be in-admissable for future applications (whether temporary or permanent) ? For example: somebody says i will kill you (in anger or self defense), and there is a peace bond signed, would this be grounds of inadmissibility? Can you guide a bit.

 

[yalgar]

Is a peace bond a criminal conviction? I have an expired peace bond and was recently asked to submit court documents, a police report and an explanation. I will submit all of these but I was wondering if it’s also okay to just submit the peace bond? Has anyone else been in a similar situation. I am also going to apply to have my fingerprints and photo erased.

Its not a conviction
But when was this asked? For what purpose?

 

[rajivv]

Do you have any authority for the striking proposition that "signing a peace bond means the person is accepting that there was a criminal act made"?

I rather think the question here remains, whether a peace bond is tantamount to a criminal conviction. The clear answer here is "no". So I am not sure why you are still pursuing the issue. Even if, as you say, signing a peace bond is equivalent to a guilty plea in open court, still no conviction has been registered. End of story. Were it otherwise, then a peace bond would be some kind of deemed conviction that would always have to be disclosed and investigated. That would call on the IRCC to go behind the peace bond in each case and, in effect, sit as a court and find the facts that led to the peace bond and to adjudicate just what Criminal Code section was violated, all without the protections of the trial process. I do not see the IRCC as clothed with that jurisdiction.

what we meant was - if someone voluntarily agrees for a peace bond then they are accepting that they did that act. Like you mentioned, peace bond itself is a non-criminal record , so that helps us in understanding.

 

[tlsehdgh18]

Hello,

I have a question about the peace bond.

I had a Peace bond 6 years ago(withdrawn & sec 810 cc peace bond of $500 for 12 Months).

I heard that the peace bond is not a criminal record so the paralegal said it wouldn't go on the record.

But last month, I checked my criminal record from RCMP, the peace bond record on it.

I'm really confused because while 6 years, I've changed my study and work permit 4 times, and at that time I didn't check the question about having a criminal record. I always marked 'NO'.

So I worried about misrepresentation.
I heard that misrepresentation is an offence in the immigration application process that can render one inadmissible to Canada

In my case, is it included in the misrepresentation?

and how to get fingerprints and mug shots destroyed.

 

[tlsehdgh18]

I have not seen a criminal record with a peace bond revealed, but then, I have little criminal practice experience and probably lots I have not seen.

Nevertheless, I see little cause for concern. You say you have always answered "no" to whether you have a criminal record. A bit of semantics here I suppose, but it seems to me that the usual IRCC type of question is couched in language aimed at a "conviction". The IRCC website on the following page reads, in part:

Under Canada’s immigration law, if you have committed or been convicted of a crime, you may not be allowed into Canada. In other words, you may be “criminally inadmissible.”

https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/inadmissibility/overcome-criminal-convictions.html

I suppose a "record" can show anything. It might contain obiter dicta saying you are not a nice person. That is of no moment. So, even if a peace bond is revealed, it is of no consequence. It's not a conviction, hence no misrepresentation.

It's interesting that the IRCC asks if you have "committed or been convicted". That suggests they are asking if you have committed a crime for which no conviction was ever entered. It seems they are asking you to be super-honest and confess to crimes never prosecuted, maybe never even detected. I wonder how many come clean and say something like: "Well, yes, I stole an apple from a grocery store when I was a student." I guess that will get the IRCC response: "Well, sorry, you are inadmissible."

Thanks for answering my question

I didn't worry about that before a couple of months but 2 months ago, I spoke with a paralegal and he said my condition is really dangerous to misrepresentation.
so he said I need record suspension, criminal rehabilitation and TRP too.

I don't know why I need all above that.

and do you know how to get fingerprints and mug shots destroyed?

should I need that?

 

[tlsehdgh18]

Record suspension etc. sounds like overkill to me. Indeed, for an expired peace bond, not really sure those procedures apply.

As for fingerprints, photos, I know of no way to ensure those are forever expunged from all databases. I doubt it can be done, but, again, I could fill up a fair size hard drive with what i don't know about some of these things. But, I think I can answer the question "Should I need that?". I would say no, you don't need it and it should be of little concern.

Lastly, as for the suggestion that "my condition is really dangerous to misrepresentation", I disagree. But then, you could always, out of an abundance of caution, disclose your peace bond, pointing out that you have never been charged with a crime and never convicted.

Thanks !!!!!

I really appreciate

 

[tlsehdgh18]

Record suspension etc. sounds like overkill to me. Indeed, for an expired peace bond, not really sure those procedures apply.

As for fingerprints, photos, I know of no way to ensure those are forever expunged from all databases. I doubt it can be done, but, again, I could fill up a fair size hard drive with what i don't know about some of these things. But, I think I can answer the question "Should I need that?". I would say no, you don't need it and it should be of little concern.

Lastly, as for the suggestion that "my condition is really dangerous to misrepresentation", I disagree. But then, you could always, out of an abundance of caution, disclose your peace bond, pointing out that you have never been charged with a crime and never convicted.

Hello,

I have one more question.

while 6 years, when I applied for a study, and work permit, I checked 'I don't have a criminal record.

and now when I apply for the PR, do I have to check 'have a criminal record'? or keep 'i don't have a criminal record'.?

 

[tlsehdgh18]

Is a peace bond a criminal conviction? I have an expired peace bond and was recently asked to submit court documents, a police report and an explanation. I will submit all of these but I was wondering if it’s also okay to just submit the peace bond? Has anyone else been in a similar situation. I am also going to apply to have my fingerprints and photo erased.

Hello,
I have a question.
when you apply for the PR, did you write that you have a criminal record?
or if you didn't write that you were, did they request?
and did you erase your fingerprints and photo too?
if you did it, can you explain how to erase that?

 

[Manoj957]

Nope! Those fingerprints can only be used and accessed by police only for criminal investigations. Like say there was a murder and police got prints off the murder weapon so they run those prints in the system against all known prints.
The police have no right to disclose arrest records, prints, DNA, etc to third parties such as ircc, employers, etc Why? Because you have NOT been found guilty of anything.
Even I know my friend crosses USA border with zero issues having been arrested 3-4 times and Peace Bonded 3 times...because never found guilty or convicted.
There is still a law that says innocent until proven guilty.
A peace bond is not an admission of guilt, it is a deal that prosecutors use when they feel they don't have a good case.

Hey can you please text me your contact number or email address. I am in a same situation and want to have some valuable insights from you.

 

[FlyHigh!]

Final update on my case:

With reference to my previous posts. I received the passport and crossed the border as well by road. Fingerprint and mugshot destruction documents were also submitted but unfortunately, the request was declined in the first place. My lawyer then submitted an appeal explaining how badly the decision would impact my future in this country and by the Grace of God it got accepted. My file was destroyed and I received a letter as well from the police. My final task now is to convince Uber & Lyft of the situation so that I may be able to drive for them if needed in the future. Best of luck to all !

 

[Muhammadpk]

Hello all, got arrested in 2019 charged with simple assault got peace bond in 2021 the same year I got eligible to apply for citizenship. Started application sent peace bond along with the application in May 2021. In July 2021 got confirmation that they recieved my application. In Dec 2021 got instructions to provide finger prints. In Jan 2022 got my citizenship test done. In May 2022 recieved notice to appear for oath ceremony and today peace bond got expired and applied for the passport as well. Need to get finger prints and mug shot destroyed.

Hello sir can u hell me
My wife charge me as false allegation assault last year i recived Pr and now police charge me now next month court first hearing but last six months ago i go police station i say my wife threat me sometime in last two years i kill my self and police catch you and you been deported and also my father in law threat to me i will kill you but officer say there is not enogh eviedence so i thing onky you complain in our system in case future any happen report supporting you so plz give guideline this story and plus does eefect my pr or citizenship in futre thanks