Will I be considered as "detained"?

[Kiln]

A few months ago, I had a heated argument with my wife, and she called the police. When the police arrived, they questioned us separately.

During this time, I was briefly handcuffed and told I was under arrest. However, after discussing among themselves, the two officers had me apologize to my wife and instructed me to leave home for 24 hours, then released me on the spot. I was only handcuffed for about 10 minutes.

I wasn't taken to the police station for questioning or fingerprinting, wasn't charged, and didn't receive any paperwork like an undertaking.

We're about to apply for permanent residency, and one of the questions asks if you've "been detained, incarcerated or put in jail?"

In a broad sense, "detain" includes any restriction of freedom by police, regardless of duration. By this definition, this would count as being "detained". However, IRCC question lists "detained" alongside "incarcerated" and "put in jail," and according to responses in this post, they're likely asking about more "serious detention" that at least involves being taken to the police station for questioning.

Can I answer "no" to this question?

 

[Hyper1013]

A few months ago, I had a heated argument with my wife, and she called the police. When the police arrived, they questioned us separately.

During this time, I was briefly handcuffed and told I was under arrest. However, after discussing among themselves, the two officers had me apologize to my wife and instructed me to leave home for 24 hours, then released me on the spot. I was only handcuffed for about 10 minutes.

I wasn't taken to the police station for questioning or fingerprinting, wasn't charged, and didn't receive any paperwork like an undertaking.

We're about to apply for permanent residency, and one of the questions asks if you've "been detained, incarcerated or put in jail?"

In a broad sense, "detain" includes any restriction of freedom by police, regardless of duration. By this definition, this would count as being "detained". However, IRCC question lists "detained" alongside "incarcerated" and "put in jail," and according to responses in this post, they're likely asking about more "serious detention" that at least involves being taken to the police station for questioning.

Can I answer "no" to this question?

Since they did not do any official paperwork stating all these reasons, you should be fine! However, I highly recommend to get an opinion with an immigration lawyer (not consultant) before proceeding!

 

[longviddd]

Was this in Canada? At the end of the day, IRCC will mostly only see what shows up in your criminal record regardless of country. If this was in Canada, you can order a RCMP police report to see if it shows up. If it's another country, you can probably do the same thing.

 

[DaveSSS]

I think I saw this scenario before, the answer should be No, as you were held for investigation.

 

[Kiln]

Was this in Canada? At the end of the day, IRCC will mostly only see what shows up in your criminal record regardless of country. If this was in Canada, you can order a RCMP police report to see if it shows up. If it's another country, you can probably do the same thing.

yes, it's in Canada, I submitted a request for the police report through ATIP one week after the incident. A month later, they responded that my requested information qualified for exemption, suggesting that the case may have still been under investigation at that time.

Are you certain that IRCC won't see the detailed police report? While I'm completely sure I wasn't charged and don't have a criminal record, but I'm unsure how the incident was described in the police report.

 

[Kiln]

I think I saw this scenario before, the answer should be No, as you were held for investigation.

you mean I should answer "No" to the question of "been detained, incarcerated or put in jail?"

 

[longviddd]

yes, it's in Canada, I submitted a request for the police report through ATIP one week after the incident. A month later, they responded that my requested information qualified for exemption, suggesting that the case may have still been under investigation at that time.

Are you certain that IRCC won't see the detailed police report? While I'm completely sure I wasn't charged and don't have a criminal record, but I'm unsure how the incident was described in the police report.

According to the RCMP website:

Processing times
The following timeframes refer to approximate processing times for all electronic fingerprint submissions received by the RCMP's Canadian Criminal Real Time Identification Services (CCRTIS).

If manual processing is involved and/or if there is a possible match to a criminal record
120 business days

In some cases more time may be required due to the submission of incomplete information or in an effort to clarify parts of the application with local police. This process ensures the information that is released by CCRTIS is complete and accurate.

If there is no match to a criminal record
3 business days or less

The results are mailed to the address provided and extra time should be allowed for delivery by Canada Post.



I would say that if your takes longer than 3 business days, something probably did show up. This is only my opinion though. You would probably be safer getting some legal advices. If not, be honest in your application. If the detain really didn't matter, IRCC would look past it. If not, you won't be charged with misrepresentation.

 

[Kiln]

I think I saw this scenario before, the answer should be No, as you were held for investigation.

According to the RCMP website:

Processing times
The following timeframes refer to approximate processing times for all electronic fingerprint submissions received by the RCMP's Canadian Criminal Real Time Identification Services (CCRTIS).

If manual processing is involved and/or if there is a possible match to a criminal record
120 business days

In some cases more time may be required due to the submission of incomplete information or in an effort to clarify parts of the application with local police. This process ensures the information that is released by CCRTIS is complete and accurate.

If there is no match to a criminal record
3 business days or less

The results are mailed to the address provided and extra time should be allowed for delivery by Canada Post.



I would say that if your takes longer than 3 business days, something probably did show up. This is only my opinion though. You would probably be safer getting some legal advices. If not, be honest in your application. If the detain really didn't matter, IRCC would look past it. If not, you won't be charged with misrepresentation.

Thank you! However, the information you provided is about processing times for criminal record checks. I'm absolutely certain that I don't have any criminal record, as I was never taken to the police station for fingerprinting or questioning, and I wasn't charged or given any paperwork.

I will certainly be honest, but I'm just confused about whether those 20 minutes at home should count as being "detained." In my understanding, it doesn't seem like a formal detention, but rather more like being investigated and warned.

 

[Kiln]

@legalfalcon I'm keen to know your thoughts on it, thank you in advance!