Peace Bond on PR application

[prinmud]

Hi guys,
I have a question recently regarding criminal charges and peace bond
I recently got a criminal charge, a peace bond has been agreed on to resolve the case, it is supposed to be signed in November.
Currently I am preparing the PR application, in IMM5669, under question 6 regarding criminality, should I answer NO to all questions as the case should be withdrawn, then enclose a LOE, or I should answer yes to Q6 b regarding charges.
I am wondering if anyone has information/ knowledge regarding this situation, any suggestions would be welcome.

Thanks

 

[CanGoldDigger]

I would answer yes and attach a letter of explanation as well.

 

[Hyper1013]

Hi guys,
I have a question recently regarding criminal charges and peace bond
I recently got a criminal charge, a peace bond has been agreed on to resolve the case, it is supposed to be signed in November.
Currently I am preparing the PR application, in IMM5669, under question 6 regarding criminality, should I answer NO to all questions as the case should be withdrawn, then enclose a LOE, or I should answer yes to Q6 b regarding charges.
I am wondering if anyone has information/ knowledge regarding this situation, any suggestions would be welcome.

Thanks

It's better to disclose it by answering Yes and attaching a LOE instead of being asked during your background check!

 

[prinmud]

I would answer yes and attach a letter of explanation as well.

I understand, but after reviewing the questions, it seems I should answer NO in my case

a) been convicted of a crime or offense in Canada for which a pardon has not been granted under the Criminal Records Act of Canada?
b) been convicted of, or are you currently charged with, on trial for, or party to a crime or offense, or subject of any criminal proceedings in any other country or territory?

I plan to enclose a LOE to disclose the issue. But regarding the questions, I won't be charged as the case will be withdrawn by the time I submit the application, should I answer YES to question b)? I really do not know.

 

[CanGoldDigger]

Your case is not resolved yet, so I would answer yes and disclose that. It would be safer anyway.

 

[prinmud]

Your case is not resolved yet, so I would answer yes and disclose that. It would be safer anyway.

That was my initial plan.
I plan to submit the application by start of December, by when I should have signed the Peace Bond and get the case withdrawn, according to the lawyer. But I have no intention of hiding it, that's why I am preparing a LOE to explain the case.
Just trying to answer the question with accuracy, in this case " I am not currently charged", so I should select NO to question 6 b).

Just my personal thought, that's also why I wanna ask on the forum.

 

[armoured]

Just my personal thought, that's also why I wanna ask on the forum.

My gut would be to disclose also.

But obvious response here is - you have a lawyer, ask them.

Now note: lawyers may tend to interpret ... legalistically, that is, by precise interpretation of the text in the question. You should underline to the lawyer that the penalties for not disclosing can be severe ('misrepresentation') and challenging those penalties very time consuming (and costly).

And also assume that IRCC has access (via RCMP?) to whatever criminal charge databases there are.

 

[Buletruck]

I understand, but after reviewing the questions, it seems I should answer NO in my case

a) been convicted of a crime or offense in Canada for which a pardon has not been granted under the Criminal Records Act of Canada?
b) been convicted of, or are you currently charged with, on trial for, or party to a crime or offense, or subject of any criminal proceedings in any other country or territory?

I plan to enclose a LOE to disclose the issue. But regarding the questions, I won't be charged as the case will be withdrawn by the time I submit the application, should I answer YES to question b)? I really do not know.

Because IRCC, the courts, RCMP, local police, CBSA, CRA and (enter any other government body) always go out of their way to make sure all information is up to date in a timely manner (this is sarcasm).
I'd disclose based on the risk you submit and they haven't updated anything in as timely a manner as you would reasonable expect them to.

 

[prinmud]

Because IRCC, the courts, RCMP, local police, CBSA, CRA and (enter any other government body) always go out of their way to make sure all information is up to date in a timely manner (this is sarcasm).
I'd disclose based on the risk you submit and they haven't updated anything in as timely a manner as you would reasonable expect them to.

Yes, I intend to disclose it, that is for sure. Only question is, should I answer YES or No to Question 6 b), as I regard myself out of the scope. My plan is to answer NO to 6 b) while providing a LOE disclosing the case.

 

[armoured]

Yes, I intend to disclose it, that is for sure. Only question is, should I answer YES or No to Question 6 b), as I regard myself out of the scope. My plan is to answer NO to 6 b) while providing a LOE disclosing the case.

I personally would answer 'no' as well. But in the end, if you disclose all of the facts, which box you tick has less importance.

 

[prinmud]

I personally would answer 'no' as well. But in the end, if you disclose all of the facts, which box you tick has less importance.

That is my point, I have no intention to hide it, and it won't make sense either as the case will be withdrawn, which won't impact the application, and IRCC would have access to all the recordings. Just wanna be precise to answer the question as it asks.