Hi there,

I was caught shoplifting (First time) in Simons store, Montreal a few days ago, for 5 items at a value of 250$. The store security caught me outside the store, brought me back in to their interrogation room and called the cops. I was given a letter from the store(saying that they will send me a letter with the fine) and the police gave me a letter to show up for finger prints and court in about 2 months!

I am not going to make excuses for my action, cause I have none! It was obviously my fault and I am ready to pay the price. I have never done this in my life before and I don't know what went through my mind when I did it!

I am a 25 year old woman, student and I work part time at 2 jobs. I have been working at at least 2 jobs all the time to be able to pay for my studies and I have no family in Canada. I have been an immigrant in Canada for almost 4 years now and I applied for citizenship 10 months ago. It usually takes 13-16 months to get your citizenship in Canada and what concerns me the most right now is what effect this offense is going to have on my citizenship application.

The police suggested that I better have a lawyer and I'm going to the legal aid office to see if I can have access to a free lawyer, since my income is low.

In the meantime, I have read a lot of blog posts in the past few days and I almost guess what is likely to happen:
- accept "responsibility" for the action
- pay the fine or do some community work
- try to ask for diversion so that there would be no records on your file

However what I have not came across is a case that someone has applied for citizenship. I am guessing that the background check for my citizenship application has not been done yet and I am worried that my application will get rejected! I also hear there are some special programs to help especially women that have been caught shoplifting but I haven't found any and I don't know what is the range to be accepted for a diversion!

I would appreciate any advice or help...

Thanks

Why would there be a "special program for women caught shoplifting" Bit sexist isn't it. Do they get special treatment too? As far as citizenship goes, that's a possible problem you brought on yourself.

Yes, the arrest will appear on a background check. There are no special programs for anyone EXCEPT people who are under age.

I would retain an Attorney immediately if you plan to stay in Canada.

I agree, get a lawyer. I am unclear on one point. Seems like the store thinks they can fine you and have you arrested. When you get that lawyer ask him/her, I think they must pick one or the other but do not have the authoity to fine.

Right - out of greenies BUT the store does not levy the fine. The Court levies the fine. The store can and will ask for reimbursement for their time and trouble and sometimes the value of the merchandise, whether it's returned or not.

(This discussion goes on here - is this legal or is it not - all the time but I have never seen a definitive opinion which contains the law AND I have requested an opinion from a Canadian firm I occasionally work for.)