Can I travel to the United States with a Conditional Discharge?
A Conditional Discharge is like a Conviction in the United States Even though a discharge is not a conviction, it is still evidence of guilt, and may still render a person inadmissible to the United States. There are two types of discharges: absolute discharge conditional discharge Regardless of the type, the Criminal Code of Canada confirms that there has been a finding or admission of guilt. The United States treats a discharge the same as a conviction or any admission of guilt (ie. you admit to having committed offence even if not convicted). Criminal Code of Canada Sec 730 Conditional[...]
Automatic Purging of a Conditional Discharge
A Conditional Discharge is not a conviction. You cannot apply to have it sealed or suspended with a Canadian Pardon or Record Suspension. The good news is that a discharge automatically gets purged after a period of time. You do not have to spend hundreds of dollars to have it sealed or suspended. I have had people call me immediately after receiving a discharge to apply to have it erased so that it does not affect employment. The bad news is, a discharge will appear on your criminal record for a period of time before it gets purged. Though it[...]
Is an Absolute Discharge Pardonable?
I received a great email question regarding an absolute discharge. I thought I'd share it with you. I modified the question so that it it does not identify the person the inquiry was made for. Here is the question: A client of ours has inquired about applying for a Nexus Card. She was charged with possession of a small quantity of marijuana and was given an absolute discharge in provincial court in the 1970s. She obtained a pardon for this matter from the federal government in the early 1980s. Question: Will the U.S. be able to access this information in[...]
When do you divide assets in a divorce?
Question: In divorce, is the property, assets and debts divided as of the date of separation, the date we started to divide everything or the current date? Answer: Its Negotiable I believe the division of property, assets and debts as of the date of separation is 100% acceptable if what transpired after is fair. If not fair, then maybe a division as of current dates might be more suitable. Or if the current date is chosen and not particularly fair to party 2, then sometimes this can be simply remedied by negotiation (example: party 1 gives party 2 an extra[...]
Record Suspension (Pardon): Good Conduct Criteria
Criminal Records Act: What is Good Conduct Criteria? The best way to understand what Good Conduct Criteria is start from the very beginning...with the Criminal Record Act. According to the Criminal Record Act, if you meet the good conduct criteria and are granted a Record Suspension, you can expect the following benefits: Effect of a Record Suspension: 2.3 A record suspension (a) is evidence of the fact that (i) the Board, after making inquiries, was satisfied that the applicant was of good conduct, and (ii) the conviction in respect of which the record suspension is ordered should no longer reflect adversely on[...]
Crime Bill C-10
Learn How Crime Bill C-10 will result in an increase in Crime Rate On March 13, 2012, Canadian lawmakers approved Crime Bill C-10, also referred to the Omnibus Crime Bill. Keep reading and you'll learn why the passing of the Crime Bill is a big mistake. Crime Bill C-10 Impact #1: Pardon Waiting Periods The approval of Crime Bill C-10 led to an increase in the amount of time that an individual with a criminal record must wait in order to qualify for a pardon. Individuals with summary offences now have to wait 5 years instead of 3 years to[...]
