Canadian Citizenship - Prohibitions under citizenship act

[tra]

Hi Guys,

I am filling out my application for Canadian Citizenship. I need help with Question 8A, Prohibition Under Citizenship Act that says:

Are you now or have you been in last 4 years:
a.an inmate of a penitentiary, jail, reformatory or prison
b. on Parole
c. on probation

(side note)
Whereas the Citizenship Act itself says, confined in or been an inmate of any penitentiary, jail, reformatory or prison.

My Background: During last 4 years, I was arrested in Canada, charged with assault offence, held in police custody overnight for 12 hrs and then released next day by court bail. Later court trial was held and all charges were dismissed by the judge.

Now my question is, in reply to above quoted clauses from citizenship application and citizenship act, do i come under "confined in or an inmate of penitentiary, jail, reformatory or prison", because i stayed overnight in police custody?

What should i answer to question 8 A, "Yes" or "No"?

Please please help!

(Especially for PMM)

 

[Msafiri]

I'm sure PMM will add to this - if this was ever to go to Court the Honourable Judge would start by reviewing the definition of 'confined'...so far I've found this in a couple of online dictionaries to mean:

1. To keep within bounds; restrict: Please confine your remarks to the issues at hand. See Synonyms at limit.
2. To shut or keep in, especially to imprison.
3. To restrict in movement: The sick child was confined to bed.

The next step would be to determine if Police Cells are considered a penitentiary, jail, reformatory or prison....I haven't looked into this definition as IMHO its self explanatory...

I think you should answer Yes to the question.

 

[tra]

i appreciate your time Msafiri. But the word "confined in" is used in original act, and surprisingly not on application. i think, i would definitely answer yes if application states " confined in or been an inmate of any penitentiary, jail, reformatory or prison", since it just talk about "an inmate of a penitentiary, jail, reformatory or prison" so i am confused. Probably i really need an expert opinion on this issue, i would request PMM or other specialist in these matter, to please comment on it.

Thanks everyone,

 

[PMM]

Hi

Hi Guys,

I am filling out my application for Canadian Citizenship. I need help with Question 8A, Prohibition Under Citizenship Act that says:

Are you now or have you been in last 4 years:
a.an inmate of a penitentiary, jail, reformatory or prison
b. on Parole
c. on probation

(side note)
Whereas the Citizenship Act itself says, confined in or been an inmate of any penitentiary, jail, reformatory or prison.

My Background: During last 4 years, I was arrested in Canada, charged with assault offence, held in police custody overnight for 12 hrs and then released next day by court bail. Later court trial was held and all charges were dismissed by the judge.

Now my question is, in reply to above quoted clauses from citizenship application and citizenship act, do i come under "confined in or an inmate of penitentiary, jail, reformatory or prison", because i stayed overnight in police custody?

What should i answer to question 8 A, "Yes" or "No"?

Please please help!

(Especially for PMM)

The answer is No ( you could put yes with an explanation) You were not convicted, although you were arrested and detained pending trial, so you were not an inmate, which means convicted and sentenced.

 

[ZYXWVU98]

based on the questions if the wording is correct, the answer should be "no".

 

[tra]

Thank you PMM and other friends, i appreciate your advice. I will say, NO, in reply to this question on application, however, explain this some time later in the process when i see officer face to face.

 

[Antre]

Tra, I think you should consult with an immigration lawyer first. Or at least call CIC and ask this question before you apply.
And explain your situation in your cover letter. Your face-to-face interview will be most likely on the test date and all your papers will be evaluated before the test date.

 

[tra]

Then the thing is, is it a good idea to volunteer information or provide information when they asked for it. At the end of the day, it all comes to time that which way they will take less time in application processing and thats what i am worried about.

Like meltonian said, they confirm criminal background and police invlovement from each test taker on test day regardless your backgound. so what is in my benefit, provide information at the time of application or on test day?

Its a good idea to call CIC call centre and probably would consult with immigration lawyer too.

 

[tst]

Then the thing is, is it a good idea to volunteer information or provide information when they asked for it. At the end of the day, it all comes to time that which way they will take less time in application processing and thats what i am worried about.

Like meltonian said, they confirm criminal background and police invlovement from each test taker on test day regardless your backgound. so what is in my benefit, provide information at the time of application or on test day?

Its a good idea to call CIC call centre and probably would consult with immigration lawyer too.

Tra,
I best thing is to hire lawyer, don't take any chance.

 

[bingokhan]

Hello Tra,

How did you handle the situation. What was your reply?

did you say "No" or did you say "Yes" in your application.

Thanks.

 

[Woodex]

Hi Guys,

I am filling out my application for Canadian Citizenship. I need help with Question 8A, Prohibition Under Citizenship Act that says:

Are you now or have you been in last 4 years:
a.an inmate of a penitentiary, jail, reformatory or prison
b. on Parole
c. on probation

(side note)
Whereas the Citizenship Act itself says, confined in or been an inmate of any penitentiary, jail, reformatory or prison.

My Background: During last 4 years, I was arrested in Canada, charged with assault offence, held in police custody overnight for 12 hrs and then released next day by court bail. Later court trial was held and all charges were dismissed by the judge.

Now my question is, in reply to above quoted clauses from citizenship application and citizenship act, do i come under "confined in or an inmate of penitentiary, jail, reformatory or prison", because i stayed overnight in police custody?

What should i answer to question 8 A, "Yes" or "No"?

Please please help!

(Especially for PMM)

say no but go to court where your case was held and ask for court disclosure. I'm sure CIC will ask for it to be sure the case was dismissed. It takes 1-3months so apply now.

 

[paw339]

Tra

I would also answer no but would attach a letter explaining exactly what happened. That way there is no question of you withholding relevant information.

 

[sabujit1]

Hi tra,

What happened to your case..did you get citizenship.. i have the same situation and got the fingerprint positive with assault case which was withdrawn. Please let me know your situation. It would be really helpful.

Thanks in advance-SABUJIT

 

[meateater]

There is no impact on your application, except FPR may be requested later which again should have no negative impact.

 

[meateater]

Hi tra,

What happened to your case..did you get citizenship.. i have the same situation and got the fingerprint positive with assault case which was withdrawn. Please let me know your situation. It would be really helpful.

Thanks in advance-SABUJIT

What was the impact?? What do tou mean positive?