Public intoxication in Nova scotia

[eileenf]

I was also thrown in the drunk tank in similar circumstances, and given a Summons to the Accused/Ticket for "Being in intoxicated in public place", I was not read Miranda Rights, but was handcuffed and taken to the police station drunk tank. However, I somewhat remember having my finger prints taken, but it's not a criminal charge and nowhere does it state any other charges were laid on the ticket, so why would that have happened? Or am I just remembering things that didn't happen?

Miranda rights are specifically for the US. I'm not sure what the Canadian equivalent is, or even if there is one.

In order to ensure the veracity of your statements in your application, I recommend you contact a reputable lawyer to discuss these issues with them.

 

[frege]

Miranda rights are specifically for the US. I'm not sure what the Canadian equivalent is, or even if there is one.

In order to ensure the veracity of your statements in your application, I recommend you contact a reputable lawyer to discuss these issues with them.

The equivalent is Section 10 of the Canadian Charter of Rights and Freedoms:

10. Everyone has the right on arrest or detention
(a) to be informed promptly of the reasons therefor;
(b) to retain and instruct counsel without delay and to be informed of that right; and
(c) to have the validity of the detention determined by way of habeas corpus and to be released if the detention is not lawful.

I have no doubt that being thrown in the "drunk tank" constitutes detention.

I agree about consulting a lawyer, in case you choose not to declare it. If CIC argued there was misrepresentation, it might not be material, in the sense that it wouldn't affect the outcome of the application on criminality grounds, but it might cast doubt on the credibility of other statements where they actually matter (such as for residence).

 

[NSBoy902]

Dear ALL,

This is getting interesting. I have got the best lawyer in the city and I talked to him last week. I would like to share what I discussed with the lawyer:
First of all I was not intoxicated

1-Is this indictable offence (Crime)
- No it is not. This is NOT a crime

2-There were people in the cell, were these people my inmates?
Those are the other intoxicated people and they were NOT inmates

3-Was I in a jail?
No, I was NOT in a jail but police station. This is NOT a jail

4- Did the officer arrest me?
Yes, the officer arrested me. NOONE in Canada can ask me have I ever been arrested! That includes visa-PR-Citizenship and job application

5- Am I going to get a criminal record if I pay for the ticket- accept that I am guilty
No, I will not get a criminal record. This is Summons and consider as Speeding ticket. When you speed, you get the same type of ticket. This is meaningless.

6-Will this show if I do criminal record check
-No, it will not. This is a provincial ticket (Halifax Ticket).. parking ticket. Citizenship may see it but no problem for immigration and citizenship.

7- If I pay for the ticket; what is next? What are the consequences?
Done. Case closed and move on....

8- Why the officer did not take finger prints?
This is NOT a crime!Considered as speeding ticket. When you speed; do you give finger prints? NO!

9-What if I get another intoxication ticket?
Instead of paying 123 dollars, the fine will be more expensive. If you have a speeding history, your second ticket is more expensive as well.

10- Can I get a pardon?
-No, you cannot. Can you get a pardon for speeding ticket? NO!

The citizenship application is asking the following:

8 - Prohibitions under citizenship act:

A- Are you now or have you ever been in the last 4 years:
- An inmate of a penitentiary, jail, reformatory or prison YES - NO
-See #2

B - In the past years, have you been convicted of an indictable (crime) or an offence under Citizenship Act? Yes - No
- See #1 | 5 | 6

**********You are free to mention it. But, if you mention this, you may need to mention your speeding tickets, parking tickets, etc because they are the same type of ticket given.

 

[NSBoy902]

The equivalent is Section 10 of the Canadian Charter of Rights and Freedoms:

I have no doubt that being thrown in the "drunk tank" constitutes detention.

I agree about consulting a lawyer, in case you choose not to declare it. If CIC argued there was misrepresentation, it might not be material, in the sense that it wouldn't affect the outcome of the application on criminality grounds, but it might cast doubt on the credibility of other statements where they actually matter (such as for residence).

The application for Citizenship is NOT asking for detention. CANNOT either. They look for jail/prison time. Jail/Prison is in Bayers Lake and Truro.

If they have doubt on the credibility, they can request what they want such as history of our entries, T4s, pay stubs, etc. OR you provide them in advance and get over it.
Remember, if you are honest with the information you have provided, These CIC officers have no valid evidence to prove that you do not meet with the requirements.

In addition to that, instead of applying right after your third year, for God sakes! Wait another 6 months and then apply. You can slap CIC with the extra 6 months.

 

[NSBoy902]

I was also thrown in the drunk tank in similar circumstances, and given a Summons to the Accused/Ticket for "Being in intoxicated in public place", I was not read Miranda Rights, but was handcuffed and taken to the police station drunk tank. However, I somewhat remember having my finger prints taken, but it's not a criminal charge and nowhere does it state any other charges were laid on the ticket, so why would that have happened? Or am I just remembering things that didn't happen?

They can only charge you whatever written on the ticket. In this case 87-1 Liquor Control Act: Being intoxicated in public places.
This is very common in this city. So many people have the same ticket. I was advised if you had a few drinks, you are not allowed to be in public.

Officers used handcuffs for their safety as well. There are so many drunk/high people punch the cobs. If you have resisted an arrest; that's a different ball game mate. I doubt you have tho.

 

[SenoritaBella]

The drunk tank seems to be a right of passage for NS students. I always imagined it was really a tank, where they pump your stomach or am I talking about something else? The thought of being confined with random strangers is scary. What if the tank is full? They put you with murderers? ???

By the way, I didn't know there was a jail in Bayers Lake. Thought it was just in Dartmouth?

 

[vik403]

hAHA SenoritaBella ^^ ;D

 

[NSBoy902]

The drunk tank seems to be a right of passage for NS students. I always imagined it was really a tank, where they pump your stomach or am I talking about something else? The thought of being confined with random strangers is scary. What if the tank is full? They put you with murderers? ???

By the way, I didn't know there was a jail in Bayers Lake. Thought it was just in Dartmouth?

Yep, that's what I thought too. But it is not a tank It is a one big room, cold, dirty and smells terrible. OMG What murderers!! There were other people too but not sure what they have done. I was scared and I did not talk to them.

Yep, there is a jail in Bayers like; I can't remember the but there is. Also, in Dartmouth too by Industrial park.

 

[NSBoy902]

OK so, I submitted my finger prints to RMCP to be sure and I got the results:

Dear Sir/Madam:

This certifies that a search of the National Criminal Records repository maintained by the RCMP concerning the person whose fingerprints,name, and date of birth appear below could not be associated to any existing Criminal Record of conviction which mat be disclosed in accordance with Federal Laws.


I do not really understand this! Does this mean I don't have a criminal record ( I am clean) or I have a criminal record?

 

[PMM]

hi

OK so, I submitted my finger prints to RMCP to be sure and I got the results:

Dear Sir/Madam:

This certifies that a search of the National Criminal Records repository maintained by the RCMP concerning the person whose fingerprints,name, and date of birth appear below could not be associated to any existing Criminal Record of conviction which mat be disclosed in accordance with Federal Laws.


I do not really understand this! Does this mean I don't have a criminal record ( I am clean) or I have a criminal record?

You don't have a criminal record. You were picked up, thrown in the drunk tank, and when sober released.

 

[Mutair]

What was the verdict?

Did you have to mention that you were "detained, incarcerated or put in jail?"