Public Intoxication ticket PR application.. please help.

[toronto.111]

Hello All,

I was arrested for being intoxicated in a public place on a saturday night. I was put in a drunk tank (sober cell) for 6 hours and was released in the morning with $65 ticket under section 31(4) of liquor licence act of ontario (which comes under provincial offences act). I checked with criminal lawyers, they said it is not a criminal offence. Now I am applying my PR application under CEC category, I want to know will it affect my PR application ?

Also, what should I answer for the following two questions in "Schedule A - Background Declaration [IMM 5669]" form:

1. have you ever been convicted of a crime or offence in Canada for which a pardon has not been granted under the Criminal Records Act of Canada ?

2. have you ever been detained, incarcerated, or put in jail ?

I am very much stressed out, please help.. Thanks a lot.

 

[jsm0085]

Hello All,

I was arrested for being intoxicated in a public place on a saturday night. I was put in a drunk tank (sober cell) for 6 hours and was released in the morning with $65 ticket under section 31(4) of liquor licence act of ontario (which comes under provincial offences act). I checked with criminal lawyers, they said it is not a criminal offence. Now I am applying my PR application under CEC category, I want to know will it affect my PR application ?

Also, what should I answer for the following two questions in "Schedule A - Background Declaration [IMM 5669]" form:

1. have you ever been convicted of a crime or offence in Canada for which a pardon has not been granted under the Criminal Records Act of Canada ?

2. have you ever been detained, incarcerated, or put in jail ?

I am very much stressed out, please help.. Thanks a lot.

I don't think it'll impact your application. Did they take fingerprints?

You will however have to declare on your application. You have been arrested - detained, you need
To give the detail.

 

[toronto.111]

No finger prints taken.

 

[jsm0085]

No finger prints taken.

If you want price of mind apply for your RCMP pcc but I'm sure it will be clear. However, as mentioned, you will need to provide cec with the detail as you were detained. It's more embarrassing than anything else but not the end of the world!

 

[toronto.111]

Hello Guys,

I decided to fight the ticket. I made a charitable donation of $300, and the crown procecutor and the cop agreed to withdraw my charges, and the case was officially 'withdrawn'. Which basically means I accept the responsibility for the charge, but it does not mean that I am 'guilty'. I can legally say that I have never been convicted for any offence. Also, I got my RCMP Criminal Record as well which has nothing about this charge.

Now my question is specifically for declaring my arrest on "Schedule A - Background Declaration [IMM 5669]" form. Even though there was no conviction registered against me, what should I answer for

Have you ever been detained, incarcerated, or put in jail ?

Should I say 'NO'

Or

Should I say 'YES' and explain the situation ? Also, while explaining should I point out why exactly the charges were withdrawn ? Should I tell CIC that I got off the hook just because I made a donation ? I'm not very sure but I don't think anyone including CIC can ever find out why my charges were withdrawn since the charges were resolved out of the court. Any suggestions ?

Thank you guys.

 

[isabox]

Hello All,

I was arrested for being intoxicated in a public place on a saturday night. I was put in a drunk tank (sober cell) for 6 hours and was released in the morning with $65 ticket under section 31(4) of liquor licence act of ontario (which comes under provincial offences act). I checked with criminal lawyers, they said it is not a criminal offence. Now I am applying my PR application under CEC category, I want to know will it affect my PR application ?

Also, what should I answer for the following two questions in "Schedule A - Background Declaration [IMM 5669]" form:

1. have you ever been convicted of a crime or offence in Canada for which a pardon has not been granted under the Criminal Records Act of Canada ?

2. have you ever been detained, incarcerated, or put in jail ?

I am very much stressed out, please help.. Thanks a lot.

Get the RCMP fingerprint report. If that letter does not say anything, then it means you have no criminal record in canada. Therefore do not write anything about the incident. If the letter has nothing, do not mention it.

If the RCMP fingerprint reports it, then add an explanation letter.

 

[toronto.111]

Different People have different opinions on answering this question. Some say that there is no criminal record so answer 'NO'. Some people say that even thought there are charges have been withdrawn, the matter of fact is 'I was arrested and held at the sober cell for few hours' so I should answer 'YES' and explain the situation. I am very confused at this point. Do we have anybody on the forum who is an expert on the subject. PMM or someone having experience with arrests without convictions.. Please help guys !!

Thanks

 

[MrB]

You have to declare it, if not it would be considered misrepresentation which would make you ineligible and inadmissible for CEC. To start with it's not a criminal offence but even if it was a criminal offence it would be considered a summary conviction, and 1 summary conviction for the purpose of immigration does not make you inadmissible.

Just make sure you account for the details, they'll check it out with their security and background check. You will be good to go!

Different People have different opinions on answering this question. Some say that there is no criminal record so answer 'NO'. Some people say that even thought there are charges have been withdrawn, the matter of fact is 'I was arrested and held at the sober cell for few hours' so I should answer 'YES' and explain the situation. I am very confused at this point. Do we have anybody on the forum who is an expert on the subject. PMM or someone having experience with arrests without convictions.. Please help guys !!

Thanks

 

[toronto.111]

I'm also planning to declare my arrest but my question is, while explaining should I point out why exactly the charges were withdrawn ? Should I tell CIC that I got off the hook just because I made a donation ? I'm not very sure but I don't think anyone including CIC can ever find out why my charges were withdrawn since the charges were resolved out of the court. Any suggestions ?

 

[BigBee]

I'm also planning to declare my arrest but my question is, while explaining should I point out why exactly the charges were withdrawn ? Should I tell CIC that I got off the hook just because I made a donation ? I'm not very sure but I don't think anyone including CIC can ever find out why my charges were withdrawn since the charges were resolved out of the court. Any suggestions ?

I dont think you were "arrested" for a crime, If I were you, I will say "No". This is like a traffic violation offence and you might have paid a penalty for it, if that is the case, would you say "Yes".

I would rather apply with clean slate rather than stating "Yes" and get in to more complication. You RCMP report is clean, that is the only thing that matters.

BUT, at the end of the day, its your application and its your call.

Good luck.

 

[sashali78]

I'm also planning to declare my arrest but my question is, while explaining should I point out why exactly the charges were withdrawn ? Should I tell CIC that I got off the hook just because I made a donation ? I'm not very sure but I don't think anyone including CIC can ever find out why my charges were withdrawn since the charges were resolved out of the court. Any suggestions ?

It is up to you what to do but in the end:
1. Saying YES and specifying the reasons may result in longer processing of your application due to additional checks/documents may be requested. For sure it won't be a reason to deny your application.
2. Saying NO may result in misrepresentation charge which will make you inadmissible to Canada.
Without going into ethical side of the question, just weighting the worst/best "price" case scenarios it seems to me that (1) is a more logical way to go.

You don;t have to specify the donation issue. Just that your charges were dropped.

 

[honeysingh]

I dont think you were "arrested" for a crime, If I were you, I will say "No". This is like a traffic violation offence and you might have paid a penalty for it, if that is the case, would you say "Yes".

I would rather apply with clean slate rather than stating "Yes" and get in to more complication. You RCMP report is clean, that is the only thing that matters.

BUT, at the end of the day, its your application and its your call.

Good luck.

I agree ....Its not a criminal case......just another parking ticket.
I wouldn't worry too much ... just click NO and proceed further.

Good Luck.

 

[cgel]

For conviction you will say "No"
For arrest you have to say "Yes" and explain everything how, when it happened and how you got off the hook. It is very important that you tell them everything honestly. Because I can assure you they will find out that you were arrested even for small thing like public intoxication. DO NOT LIE ON YOUR APPLICATION. Nothing will happen caz u were not convicted of anything might only be a small delay. Send your RCMP report along with your application.

 

[toronto.111]

Thanks a lot to everyone for their valuable comments. Based on pros and cons, I have made a FINAL decision on declaring my arrest and answering 'YES' to that question.

Now, Since I am applying PR in CEC through my company HR, I am little worried about revealing the whole incident. My question specifically is how much explaination do I have to give on that form. Do I have to point out why exactly the charges were withdrawn ? I mean should I tell CIC that I ws actually drunk but I got off the hook just because I made a donation? I'm not very sure but I don't think anyone including CIC can ever find out why my charges were withdrawn since the charges were resolved out of the court. Any suggestions ?

 

[LPS]

Thanks a lot to everyone for their valuable comments. Based on pros and cons, I have made a FINAL decision on declaring my arrest and answering 'YES' to that question.

Now, Since I am applying PR in CEC through my company HR, I am little worried about revealing the whole incident. My question specifically is how much explaination do I have to give on that form. Do I have to point out why exactly the charges were withdrawn ? I mean should I tell CIC that I ws actually drunk but I got off the hook just because I made a donation? I'm not very sure but I don't think anyone including CIC can ever find out why my charges were withdrawn since the charges were resolved out of the court. Any suggestions ?

If you need a new job consider mayor of Toronto.

But seriously - why are you applying through your company's HR? Shouldn't you lodge the application yourself?