US to Canadian law conversion fines equation

[BrandonMi6]

Good day all, I have been requested by IRCC (Immigration, Refugees and Citizenship Canada) today to provide the following info for Criminal Rehabilitation.
1) Foreign statutes – what the fine equates to under the Canadian criminal code.

Previously another IRCC agent identified the charge in the USA as being equivalent to section 91(2):
"You were convicted 07/07/2007 of Manufacture/Posses a dangerous weapon. You were sentenced to 10 days jail and 3 years’ probation. This offence equates to section 91(2) Unauthorized possession of a prohibited or restricted weapon of the Criminal Code of Canada. This is an indictable offence and is punishable by a term of imprisonment not exceeding five years."
From all of the information I could find online, I can`t find anything that states what the fine equates to under the Canadian criminal code.
What really happened was I had a pair of Brass Knuckles (Metal Knuckles) in my car (possession). I was not using them or threatening anyone with them.
Thank you to anyone that can point me in the right direction.
-Brandon

 

[quincy]

Why was this requested of you? It seems an unusual request.

 

[Zigner]

Sorry, this forum is for US law matters only.

 

[eerelations]

Sorry, this forum is for US law matters only.

I think OP is looking for a US law.

 

[quincy]

It might help if Brandon would provide his state name (if in the US) or his country name (if he is not in the US), and why he was asked by immigration officials to find an equivalent law.

I can't quite figure out if he is wanting rehabilitation in the US or Canada.

He should name the Canadian Province, as well.

 

[Zigner]

I think OP is looking for a US law.

The Canadian government has requested information from the OP. The OP is asking us what the equivalent crime in Canada is for the crime he committed in the US. That's a Canadian question.

 

[quincy]

The Canadian government has requested information from the OP. The OP is asking us what the equivalent crime in Canada is for the crime he committed in the US. That's a Canadian question.

I think you are probably right - but the question confuses me enough that an explanation from Brandon would be nice.

 

[BrandonMi6]

Sorry for the confusion. I was hoping there might be somebody that knew a thing or two about converting US law to the Canadian Law equivalent.

- The charges took place in the state of California.

- I am applying for Permanent Residency in the province of British Columbia.

During the PR process, the officer noticed I had a criminal record and asked me to apply for Criminal Rehabilitation in Canada to show that the likelihood of committing further crimes wouldn`t be likely. In other words they don`t want repeat criminal offenders coming into their country or granting them citizenship for that matter.

The assessment goal is to establish how serious the crime was, in part the equivalent fine. Essentially if the fines equate to over $10,000 CAD for example this would be deemed a serious crime and would need extra attention.

I have looked at the Canadian Criminal Code Section 91(2), however it does not give mention aboot the minimum or maximum fine assoicated with the charge.

Thanks again to anyone who can bridge the gap between US and Canadian Law. I know it`s not exactly what this forum covers, and not an easy answer.

 

[HighwayMan]

Why do you think it's your responsibility to figure this out? The Canadian authorities should know exactly what they need to know.

 

[quincy]

I agree. It is a very odd request made by Canada of Brandon. Certainly they know their laws better than he.

 

[eerelations]

I agree. It is a very odd request made by Canada of Brandon. Certainly they know their laws better than he.

I suspect it was more like the Canada Immigration officer saying to OP "We have found what we believe to be the equivalent Canadian law and punishment. And we're satisfied with what we found. Due to what we found, we're not allowing you into Canada. But since you're making such a big fuss over this, OK, if you can find a different Canadian law and punishment, one that might allow you to get into Canada, then OK, go ahead and find it. When you do, let us know."

 

[BrandonMi6]

Thank you for everyone`s feedback!

The more I look into it (asking local attorneys, immigration lawyers, duty council from the local criminal court etc.) The more it appears that the immigration officer requesting this information is making an unreasonable request.

I have decided to simply send him copies from the "Martin`s Annual Canadian Law Code Book 2018 Edition" listing each of the Statutes and the corresponding punishments along with the fines I paid in the USA.

If anyone is interested about the outcome of the situation, I am happy to post the results. May take a couple weeks to a month for response. (The immigration process is very slow).

Thanks again!

- Brandon

 

[quincy]

You could try the following to see if you can find what you are looking for:

criminalnotebook.ca/index.php/Unauthorized_Possession_of_a_Firesrm_(Offence)

(click on "search page title")

 

[BrandonMi6]

Thanks Quincy,

I did check that resource and it does mention a maximum penalty equating to $5000. However, I was not in possession of a firearm, rather "Metal Knuckles" (Brass Knuckles), I don`t want to provide the immigration officer with an amount that could potentially disqualify my from the immigration process.

Thanks again for looking into that, much appreciated brother!

 

[BrandonMi6]

For anyone who is interested in more details, the following is a letter I received from the officer who is in charge of processing my Permanent Residency Application:

This letter refers to your application for permanent residence under the Spouse or Common-law Partner in Canada class.

Subsection 16(1) of the Act states that a person who makes an application must answer truthfully all questions put to them for the purpose of the examination and must produce a visa and all relevant evidence and documents that the officer reasonably requires.

Section 36 of the Act states that:
36 ((2) A foreign national is inadmissible on grounds of criminality for

(b) having been convicted outside Canada of an offence that, if committed in Canada, would constitute an indictable offence under an Act of Parliament, or of two offences not arising out of a single occurrence that, if committed in Canada, would constitute offences under an Act of Parliament;

Having reviewed your application, I have concerns that you may not meet the requirements for immigration to Canada by virtue of the fact that you have not provided sufficient evidence to satisfy me that you are not inadmissible to Canada.

You were convicted 25/08/2005 of Disorderly Conduct. You were sentenced to a fine. This offence equates to section 175 of the Criminal Code of Canada for Causing disturbance. This offence is punishable by way of summary conviction.

You were convicted on 06/01/2007 of two counts of Grand Theft: money, labor, property. You were sentenced to a fine, work program, restitution and 3 years’ probation. This offence equates to section 334(b) of the Criminal Code of Canada for Theft (under $5000). This is an indictable offence and is punishable by a term of imprisonment not exceeding two years.

You were convicted 07/07/2007 of Manufacture/Posses a dangerous weapon. You were sentenced to 10 days jail and 3 years’ probation. This offence equates to section 91(2) Unauthorized possession of a prohibited or restricted weapon of the Criminal Code of Canada. This is an indictable offence and is punishable by a term of imprisonment not exceeding five years.

Subsection 21(1) of the Act states that a foreign national becomes a permanent resident if an officer is satisfied that the foreign national has applied for that status, has met the obligations set out in paragraph 20(1)(a) and subsection 20(2) and is not inadmissible.


This is a copy of the exact request I received from the officer processing my application for Criminal Rehabilitation:

Dear Brandon,

This refers to your application for criminal rehabilitation in Canada.

A review of your file has shown that the following is required before we can proceed with further processing:

• Foreign statutes – what the fine equates to under the Canadian criminal code.

Please submit the documentation requested, to my attention, by email or to the address below within 30 days from today. If we do not receive the requested documents or an explanation of why you cannot abide by this deadline within 30 days of the date of this letter, we shall assume that you are no longer interested in pursuing your application and your application may be refused and your file closed.

Kind regards,


BW

Case Processing Agent, Domestic Network