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grey area. Section 10 non convictions and Canada admissibili

Greater Melbourne...
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grey area. Section 10 non convictions and Canada admissibili

Hello, starting a new topic as I have been advised that this is worthy of a fresh thread.

What is the Canadian viewpoint on those that have been found guilty of an offence but discharghed with no conviction recorded against their name- In Australia, whats known as a section 10 Guilty dismissal.

They are fgairly common, so I am astounded on the lack of information about this.

I personally have 2x section 10's (plead guilty without conviction) in Australia.

one for common assault, the other for low range drink driving (0.02) in oz.

Also a refuse to leave premises charge that was completely dropped before court.

Will this make me refused on the ETA?

Interesting that .02 is not illegal drink driving in canada (was a p plater at the time).

I know that a CONVICTION would screw me, or anyone else, sideways, but if you have been found guilty ith no conviction recorded, what happens?

Please note, the ETA asks if you have been "arrested for any offence' so they are directly asking for all arrests.

However it seems like a very grey area.

Do people just tick 'no' and sail through?

9 replies to this topic
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1. Re: grey area. Section 10 non convictions and Canada admissibili

You need to tell the truth in the eTA process. If you don't and you are found out, you will be banned from entering Canada for a period of time. I don't know how much time. Could be a year.

It is not too surprising that Aussie law is not covered in Canada's immigration laws. I think CIC will take all the information into account when you apply for your eTA. They will want to know if you were arrested, what the court decision was. They will ask you to submit documentation of all your police and court papers and will assess them under the light of Canadian law. If they find you inadmissible, according to how those charges fit into Canadian law, they will reject your eTA. Then it would be a matter of moving on to the next step which is Rehabilitation.

You don't say how long ago these charges happened. If 10 years ago or so, with no further incidents, Canada has a process for that, some leeway for that. Still with 2 arrests, you can see it is not as good as only 1 arrest and 10 years gone by.

Just don't book anything until you find out.

As well you could ask a Canadian immigration lawyer about what seems to be a complex immigration matter.

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Greater Melbourne...
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2. Re: grey area. Section 10 non convictions and Canada admissibili

Sorry,

The DUI was in 2007.

The common(simple) assault was last year.

I feel this is very much a case of being hung by your own rope of you declare it.

That said,

In my situation i want two things to happen.

1. Be honest and go through, I would be happy to show documentation.

2. Know ahead of time if i cant, so i never try, and my record remains my own secrecy. Being rejected by one country affects visa applications for others.

Its not a risk I want to take without some educated assistance.

This whole thing would be relatively easy information to verify if this was a CONVICTION (as all government information on the website refers to convictions) but arrest with guilt and non convictions dont seem covered.

The closest would be immediately spent convictions which also has little coverage.

Edited: 14 May 2018, 15:32
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3. Re: grey area. Section 10 non convictions and Canada admissibili

This is a travel forum, not legal advice. No one on TripAdvisor can answer this question.

However, within that context, if a file with multiple whatever-you-want-to-call-it run-ins with the legal system crossed my desk, it would get a big red "Rejected" stamp. A dossier like that shows a trend towards poor judgement, alcohol abuse, and violence. The chances of such a person getting drunk in Canada and maiming or killing a Canadian citizen are quite high. We expect our public servants to protect us from exactly these kinds of individuals, no matter what their country of origin.

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Greater Melbourne...
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4. Re: grey area. Section 10 non convictions and Canada admissibili

Leejaye,

Thats a bit overdramatic.

Two arrests in 38 years, that the court threw out mind you, one for having a trace of alcohol from the night before still in the system and second was verbal abuse to getting money stolen doesnt indicate "maiming or killing a canadian citizen is quite high'.

These are trivial offences to be frank and the court dealt with accordingly. The second even expressed surprised that his time was wasted with such a trivial case.

Do you work in that particular department?

Edited: 14 May 2018, 15:50
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5. Re: grey area. Section 10 non convictions and Canada admissibili

It makes sense to get the advice you need before applying for an eTA. We punters in the forums can only give you our best shot. We don't know immigration law to that extent and don't work for Canada Border Security Agency.

The DUI was 11 years ago so probably considered "deemed rehabilitiated" by CBSA. See this page in which here is a link to an information page about that:

www.cic.gc.ca/english/helpcentre/answer.asp…

A common assault is not a criminal assault.

You could email them to get expert advice from the CBSA themselves. The email address is here: <contact@cbsa.gc.ca>

Another way to get the information you need would be to contact and pay for a Canadian immigration lawyer. Now that counts as educated assistance, would keep your secret and would put you in the know.

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Greater Melbourne...
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6. Re: grey area. Section 10 non convictions and Canada admissibili

Thanks Mufti,

I appreciate your assistance and Im sure that the others you help do too, I have noticed in my short time here you do go out of your way to help us common folk overseas :)

I think i actually emailed that link a few months ago and got a 'we cant advise either way' type message which I think is a copout, The usa do this too, they err on the side of caution without looking into it. They should know better I think.

I have thought about a canadian immigration lawyer, but i wouldnt know where to start, how much, or how to even talk with them as they would be in Canada i imagine?

I guess I would only need an hour of their time.

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West Grey, Ontario
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7. Re: grey area. Section 10 non convictions and Canada admissibili

Hi hawkins220;

Before I respond, I want to point out that I am NOT a lawyer. My response in based on common knowledge and my understanding of Canadian law.

I think that your recent charge of assault will be the sticking point in obtaining an eTA.

Do you have probation or community service as part of your diversion conditions ? Any fines or restitution outstanding ?

Best Regards

Greater Melbourne...
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8. Re: grey area. Section 10 non convictions and Canada admissibili

No I do not.

Just a good behaviour bond that runs out next year. Then my criminal record will be officially clean.

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9. Re: grey area. Section 10 non convictions and Canada admissibili

As I understand it, all the sentences imposed, must first be served.

Until your peace bond is discharged, you will be deemed inadmissible.

Best Regards

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