Can I Cross The Border With A Criminal Record?
This is a difficult question with an often complicated answer. Having a criminal record may impact many different areas of your life; employment, family, travel and more.
When you cross the border, you are no longer bound by the laws of Canada. There are much more intrusive rules that govern whether you will be accepted into the USA. It is a good idea to be informed of your rights and obligations before buying that plane ticket to Disneyland.
Will Getting a Pardon Help?
Record suspensions (formerly called “pardons”) may not necessarily guarantee that you get to cross the border. You may be questioned about the crime you committed and what the outcome was. On the other hand, some people may not be asked about their criminal record and may be able to cross the border for years only to be stopped, questioned, and denied entry out of the blue.
You may choose to seek a waiver from US customs ahead of time. If there was a penalty associated with your court appearance, even if you obtained a discharge, you may still have to seek admissibility. This can be a difficult process and may involve you having to obtain reference letters, get your fingerprints taken, fill out the necessary paperwork, and provide evidence of your tax return, and more.
Going through the border can be a difficult experience.It may be in your best interest to speak with a lawyer if you are thinking about crossing the border with a criminal record. We are here to help.
Contact us to see how we can help. First consultations are free.
Toll-Free: 1-877-860-7575
How Do I Determine Child Support Payment Amount?
The Federal Child Support Guidelines (CSG) regulate child support across Canada. While judges are not bound to follow the CSGs, the majority of the time they are followed by judges, subject to some exceptions.
There are a number of steps that need to be taken to determine the amount of child support:
- First, you must determine how many “eligible” children there are as a result of the marriage. Eligible children typically mean anyone under the age of 19 that was a “child of the relationship.”
- Second, you determine your gross income prior to taxes
- Third, look up your support amount using the above information and the CSG
Calculating child support can get complicated as there are many exceptions to the general rules. One exception is if the child divides their time between both parents, and spends at least 40% of their time with the parent with the least amount of time. Another exception to the CSG may come up if the income of the person paying child support is over $150,000. There are other exceptions which may also impact the calculation of child support.
If you have questions about child support obligations or if you have specific questions on any family law issues, please contact us to see how we can help.
If you require any help, please contact us – first consultations are free.
Toll-Free: 1-877-860-7575
What is a Peace Bond?
Sometimes, the prosecutor may offer to drop a charge against you (a “stay of proceedings”) if you agree to enter into a peace bond.
A peace bond is not a criminal conviction. It is a restraining order under section 810 of the Criminal Code that prevents you from doing certain things such as:
- Not having contact with certain people
- Not going to a certain location
Generally, it will last for one year, and assuming there are no breaches during that year, that would be the end of it. It does not result in a criminal record, but it is an entry in your file. It does not require a guilty plea, but an acceptance of responsibility for your involvement in what happened.
Although a peace bond does not result in a criminal record, a breach of any of the terms of the peace can result in a permanent criminal record. A peace bond could also show up on certain criminal record checks and could affect your employment or ability to travel or your immigration status.
If you are considering entering into a peace bond or had questions as to the impact a peace bond may have on your life, please contact us to see how we can help.
If you require any help, please contact us – first consultations are free.
Toll-Free: 1-877-860-7575
How Do I apply For a Pardon?
If you were convicted of an offence several years ago, but you abide by the terms of your sentence and have stayed out of trouble, you might wish to try to apply to have your criminal record cleared.
The Parole Board of Canada is the organisation responsible for record suspensions. The RCMP will seal your criminal record upon notification that a record suspension has been granted by the Parole Board of Canada.
Recently, the government changed the process for pardons, and they are now called “record suspensions.” In order to apply for a record suspension, you must make an application to Parole Board of Canada. As part of your application, some of the following factors are considered:
1. The date of your conviction
2. The offence you were convicted of
3. Whether you have been convicted of more than one offence
4. Your behaviour in the community after you conviction
Even driving infractions such as speeding or driving without a license can impact on your ability to receive a record suspension. For you best chance of success, you must be on your best behaviour.
Most people will be able to apply for a record suspension without the need to hire a lawyer, and you can find the necessary forms and guides online. Be aware of anyone charging high fees for this service, as with a little research and time, you should apply to make the application on your own.
However, if you require any help, please contact us – first consultations are free.
Toll-Free: 1-877-860-7575
Is Marijuana Legal in Canada?
Is Marijuana Legal in Canada?
There is a common misconception that marijuana is now legal in Canada; however, this is not correct. Cannabis remains an illegal substance under the criminal law, and unless otherwise regulated for production and distribution for medical purposes, you are liable to criminal charges. Possessing and selling marijuana for non-medical purposes is still illegal everywhere in Canada.
Stores that are selling marijuana known commonly as 'dispensaries' are not licensed by Health Canada under the current law and are not legal. Although current media reports and everyday conversation may suggest otherwise, until the laws are changed, marijuana possession and sale remains illegal.
However, the legal status of marijuana in Canada is quickly changing as laws are being challenged in the courts, and there is a suggestion that possession of marijuana may soon be legal in Canada. These changes can be confusing and lead to misinformation.
Contact us to see how we can help. First consultations are free.
Toll-Free: 1-877-860-7575
Retrieving Court Exhibits
How do I get my belongings back?
The amount of time it takes to get your property back depends on the appeal period for the type of case. The time allowed for appeals ranges from 30-90 days. For Supreme (Civil and Criminal), Provincial Criminal, Youth and Traffic Matters, this period is 30 days. For Family Matters, the appeal period is 40 days, and Interjurisdictional Support Orders can be appealed for up to 90 days.
There are a number of ways to get your personal property back:
- After the appeal periods are over you can go to the courthouse, show identification to the registry and obtain your possessions.
- If you are unable to go in person, you may give written permission to someone else to go on your behalf.
- You may be able to retrieve your belongings before the appeal period has expired. If the parties agree in writing that no appeal will be filed, then you may obtain your belongings immediately.
- If your items were not used in court, you must coordinate getting them back with the police directly.
- In both criminal and civil cases, the court may allow you to retrieve your items back right away. This is something that you will have to request from the court after your case is heard.
The court registry will keep your belongings for up to a year after the case has been completed. If there is an appeal, particularly in criminal matters, you will need the help of a lawyer. Different rules are depending on what type of case you have.
Contact us, and we will fight to get your belongings back as soon as possible. First consultations are free.
Toll Free: 1-877-860-7575
Difference Between Guardianship And Custody
What is the difference between Guardianship and Custody?
On March 18, 2013, the Family Law Act came into force and replaced the old Family Relations Act. Under the current law the concept of “child custody” has been removed and replaced with child “guardianship”.
Section 39 of the Family Law Act explains that parents who live with their children are guardians and both parents remain guardians after separation. This is normally the case without the need for a court order. This is different than the old Family Relations Act which said that when parents separate, the parent with whom the child lives has “custody” and “guardianship”. Under the new Family Law Act, responsibility for a child does not necessarily change merely because the parents have separated.
Some important notes:
- A parent who has never lived with a child can apply to be a guardian
- It is possible for a child to have more than two guardians
- It is possible for a non-parent to become a guardian
- Stepparents do not become guardians by virtue of a marriage with a child’s guardian, but they can apply to be guardians
- It is possible to remove a person as a guardian
The concept of guardianship and the many possible outcomes available can be complex. The experienced lawyers at Jabour Sudeyko Lucky can help by making the process less stressful.
Contact us to see how we can help. First consultations are free.
Toll Free: 1-877-860-7575
New Traffic Tickets Delay Law S. 11(b)
Traffic Tickets And The New Law on S. 11(b) Delay
Once a traffic violation ticket is disputed the Traffic Registry at the Provincial Court House in your jurisdiction will send you out a Notice of Hearing telling you when your court date is.
On July 8, 2016, the Supreme Court of BC ruled in R. v. Jordan, 2016 SCC 27 that provincial court trials should take place within 18 months of the offence date. Unfortunately, our traffic courts are incredibly backlogged in BC and depending on the city you live in you may not get a hearing date for up to 2 years!
Previously, defence lawyers had to prove that the delay between the time of the offence and the hearing date was unreasonable and created some sort of prejudice to their client. With the decision in Jordan, if this delay is over 18 months, the burden of proof now shifts to the Crown to prove that the delay was not unreasonable.
What Does This Mean For My Traffic Ticket Depute?
If the time between when you were given a traffic ticket and when your hearing date was scheduled for is over 18 months there is a presumption that Crown should stay your charges (in other words “throw your ticket out”).
What If It Hasn’t Been 18 Months Before My Hearing Date?
The Jordan decision does not prevent people from making section 11(b) delay applications if they are within the 18-month period. The case law varies from city to city in terms of “how long is too long” and many people are successful in getting their tickets thrown out on the basis of delay even when they’re hearing date is set sooner than 18 months from the date of the offence.
If you can show that you have been prejudiced by the delay in getting to court you stand a good chance of having the Crown stay your ticket.
How Do I Make My Delay Application?
Even though the law is presumptively in your favour now for cases taking longer than 18 months, defendants will still have to file a section 11(b) delay application alleging their Charter rights have been infringed and seek a remedy under s. 24(1).
An experienced lawyer will draft up the Charter Applications, as well as an affidavit which you must swear, and then submit these documents to the Crown Counsel in your jurisdiction.
If you have received a traffic ticket you should contact a lawyer within 30 days to file a dispute on your behalf.
Contact us to see how we can help. First consultations are free.
Toll Free: 1-877-860-7575