Summary or Indictable offence?

[Norviking]

Hi, would my story below prevent me from getting my study permit?

In 2014 I was fined about C$750 (close to the minimum amout possible), or the option to go to jail for 10 days instead of paying the fine. This is the only thing I've ever been convicted/fined for in my life.

I've read different things different places about what is considered a summary offence and what is not. Most places say it's a summary offence if the maximum fine is C$5000 and/or imprisonment of 6 months or less, and then I've read somewhere else that it is fines up to C$5000 and/or a maximum imprisonment of 2 years. Though I think that's a Hybrid Offence which can go either way?

Some other things that define a summary offence:

Accused must be charged with a summery conviction within 6 months after act happened: This is so different from country to country so I'm not sure what it would be in Canada. Though I know it has a time limit, unlike how it is with Indictable offences which has no time limit.
Accused does not have to submit fingerprints when charged under Summary Conviction: I never had to do this either.
Appeals of summary conviction offences go first to the highest trial court within the jurisdiction: In Norway it would have gone to the 'lowest' court within the jurisdiction.

I never had to go to court for it either. I simply got a letter asking if I wanted to accept the fine or appeal it.

The thing is that the actual law/criminal code(?) I was fined under has a maximum of 3 years in jail and/or fines. So even if I got no jail time and the fine was way lower than what it has to be for it to be considered a summary fine I'm still not sure if it would be considered one due to that. The law/criminal code is also the milder version of two. The one I was fined under is theft/embezzlement and the other is for serious theft/embezzlement. So I think it was for petty theft/embezzlement.

Why I was fined

I worked at a grocery store and took with me some food home as I had left my wallet at home. Came back the next day and paid for it. But since it was noticed during a random inspection of the CCTV cameras and the store has a zero tolerance they had no choice but to report it, even though they told me they were sorry they had to.

So to sum it up everything points to it being a summary offence apart from the maxium jail time I could have gotten is 3 years. (Which might be different in Canada for all I know).

PS: Since this was 2 years ago I would still have 3 years left before I am deemed rehabilitated if it's not considered a summary offence. And I can't wait 3 years to start studying.

I figured I would ask here before I contact a lawyer and have to pay money to get a response.

 

[Norviking]

Any help is greatly appreciated.

 

[scylla]

Your question is too complex for a free online forum. Any answer you get here will be a guess.

You really have two options:

(1) Hire a good immigration lawyer.
(2) Take a chance and apply for the study permit - declaring your offence in the application. Cross your fingers and hope CIC doesn't determine this makes you inadmissible.

Make sure you declare your US refusal in your application as well.

 

[Norviking]

Your question is too complex for a free online forum. Any answer you get here will be a guess.

You really have two options:

(1) Hire a good immigration lawyer.
(2) Take a chance and apply for the study permit - declaring your offence in the application. Cross your fingers and hope CIC doesn't determine this makes you inadmissible.

Make sure you declare your US refusal in your application as well.

Do they automatically crosscheck with the US database, even if there is no reason for them to do so? I have a new passport since I applied for a US F1 visa. Which means a new passport number and my pages that had my old US F1 visas are gone.

 

[scylla]

Do they automatically crosscheck with the US database, even if there is no reason for them to do so?

Yes. If you fail to declare your US refusal, you're pretty much guaranteeing yourself a refusal of your study permit and a finding of misrepresentation (lying in your study permit application) which will result in a five year ban from entering Canada.

 

[Norviking]

I've done some further research and I believe the offence I committed falls under the Criminal Code of Canada, Section cc. 380.(1)(b)(ii). This is an offence punishable on summary conviction.

I just don't hope all they do is see that my US F1 Visa was denied and therefor they will deny it too, since US Immigration laws are even stricter than Canadian ones. But that they instead actually look into it and read my Letter of Explanation where I have written in detail everything that happened.

 

[PMM]

Hi

I've done some further research and I believe the offence I committed falls under the Criminal Code of Canada, Section cc. 380.(1)(b)(ii). This is an offence punishable on summary conviction.

I just don't hope all they do is see that my US F1 Visa was denied and therefor they will deny it too, since US Immigration laws are even stricter than Canadian ones. But that they instead actually look into it and read my Letter of Explanation where I have written in detail everything that happened.

1. All dual offences committed in another country are evaluated as if they were prosecuted on the basis that they are indictable. So your offence (if your equation is right) is considered indictable under

380 (1) Every one who, by deceit, falsehood or other fraudulent means, whether or not it is a false pretence within the meaning of this Act, defrauds the public or any person, whether ascertained or not, of any property, money or valuable security or any service,

(a) is guilty of an indictable offence and liable to a term of imprisonment not exceeding fourteen years, where the subject-matter of the offence is a testamentary instrument or the value of the subject-matter of the offence exceeds five thousand dollars; or

(b) is guilty

(i) of an indictable offence and is liable to imprisonment for a term not exceeding two years, or

(ii) of an offence punishable on summary conviction,

where the value of the subject-matter of the offence does not exceed five thousand dollars.

So you are not eligible to apply rehabilitation until 5 years have passed since you paid the fine.

Convictions / offences outside Canada

If you were convicted of or committed a criminal offence outside Canada, you may overcome this criminal inadmissibility

by applying for rehabilitation, or
you may be deemed to have been rehabilitated if at least ten years have passed since you completed the sentence imposed upon you, or since you committed the offence, if the offence is one that would, in Canada, be an indictable offence punishable by a maximum term of imprisonment of less than ten years.

 

[Norviking]

If it's a dual/hybrid offence in the country it was committed? Because Norway doesn't have dual/hybrid offences. You either get charged under one criminal code or another, and I got charged under the 'mildest' one possible in the norwegian criminal code.

An example would be that in Canada there's a criminal code/law(?) that says you can get jail time of 6 months or less and fines up to $5000 for theft/petty theft. While in Norway the smallest amount, according to the criminal code, is 3 years and/or fines. So even if you stole a bottle of soda for $2 that would still be the criminal code you would be charged under.

But I guess since it can be viewed as a hybrid offence in Canada that it won't matter.

This was two years ago in August so that means applying for rehabilitation is out of the question, and I can't put my education on hold for 3 years.

I guess I just have to apply and hope for the best even if it's a 1% chance.

 

[scylla]

I guess I just have to apply and hope for the best even if it's a 1% chance.

Only apply if you are going to be fully transparent about your criminal and immigration past in your application. Don't apply if you plan on lying in your application. If you lie in your application, you'll almost certainly be caught. Then you'll have two refusals on your record - as well as a 5 year misrepresentation ban from Canada.

If you plan on lying in your study permit application - stop and think again. You are far better off completing your education in your home country than attempting a stunt like that which will most likely have a materially negative and long-term impact on your future.

Of course it's ultimately your life and your future to mess up. Good luck.

 

[Abbas1]

My previous experience I checked yes for ( being arrested ) in the application form, and got visa for the first time, second time they had to question me therefor i am home now waiting for them to review my case.

However, my case was lower than yours, ( in US had speeding ticket - didn't pay it - suspend my driver licence - pulled me over driving- gave me court date- didn't attend- warrant for my arrest- was arrested at the airport)

(Bailed out for 3k-hired a lawyer by my country consulate in LA-charges were amended to civil infraction- paid the original fine ( $167+$150) )

last year, applied to renew my TRV and were asked to provide FBI PCC+ other cases related documents, I did't provide them and refuse my application saying I may be inadmissible.

I haired a lawyer and he says I am ok and I shouldn't be inadmissible and gave legal opinion letter

Now I am waiting for their respond and its been 5 month !

hope my case help

 

[Norviking]

Your original offence might have been 'lower' than mine, but since you didn't show up for court, and got arrested at the airport and then put in jail I doubt it is anymore.

And my offence was outside the US/Canada, so they don't have access to it unless I give it to them.

But thanks, any information or past experience is helpful!

 

[Norviking]

Only apply if you are going to be fully transparent about your criminal and immigration past in your application. Don't apply if you plan on lying in your application. If you lie in your application, you'll almost certainly be caught. Then you'll have two refusals on your record - as well as a 5 year misrepresentation ban from Canada.

If you plan on lying in your study permit application - stop and think again. You are far better off completing your education in your home country than attempting a stunt like that which will most likely have a materially negative and long-term impact on your future.

Of course it's ultimately your life and your future to mess up. Good luck.

Thats not what I meant about the 1%. I'm saying that I'll apply and tell them how it is and hope they view it as a summary offence even if it's only a 1% chance.