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sabgh · Dec 13, 2011, 10:48 AM

Hello,

I have a problem that I want you to help me.

One week ago, I bought a shirt at Sears in Ottawa and I lifted two small things (the price was 36$ or 46$), That was my first time.
When I came out of the store a man came and said to me back to the store and I took a room. The mall's Security came and wrote my name, my family and my birthday, and he said that I do not have permission to enter the mall for 6 months.
Then they called the police.The police came while I was crying because I did not really know what happened and what will happen.
I talked with the police and told them I'm a newcomer and I do not know what the laws of Canada. They did not do anything (such as fingerprints or wanted me to sign a letter). The police told me this is very very minor and you will not go to a court so criminal record will be not registered for you (They said to me this is just like a fine ticket for driving ), and the only thing is Sears will charge you as a penalty (post you a mail) and you should pay it.
The store security took a photo of me and said this is just for the banning of entering to the mall for 6 months (that was the only thing they did, The police didn't do anything)

I have a few questions, please help me :
1 - What is the penalty and how much?
2 - Do they want me to go to court and is it considered as a criminal record for me?
3 - We applied for PR(permanent residency), does this cause a problem in our process?
4 - Do I need a lawyer?

Thank you

tickle · Dec 13, 2011, 12:52 PM

I would have to say, yes, get a lawyer. You aren't a permanent resident in Canada so you have just violated probably one too many laws other then shoplifting, jeopardizing your permanent residency if you do go to court and the judge decides to charge you, or make an example of you and situation.

What country you from, that may make different, say UK

I don't know actually why an officer of the law would tell you that 'it is like a fine ticket for driving'; minor offence probably for a citizen; did they understand you were not a Canadian citizen?

So...

1. undetermined outside of court
2. same
3. yes, big problem
4. yes, one well versed in immigration law

sabgh · Dec 13, 2011, 01:03 PM

Yes I understood that I'm not permanent resident of Canada.
They didn't give me anything such as a letter for court date.

The police said to me you will not go to court and the only thing is sears will charge you as a penalty by sending a mail.

sabgh · Dec 13, 2011, 01:04 PM

Yes they understood that I'm not permanent resident of Canada.
They didn't give me anything such as a letter for court date.

The police said to me you will not go to court and the only thing is sears will charge you as a penalty by sending a mail.

tickle · Dec 13, 2011, 01:13 PM

Okay, but attending officers still have to file reports; they would have had to file one for this too. You will get a letter, it may not be from sears. You will have to wait and see, every circumstance is different, sabgh, and we cannot be mind readers.

I live in Canada by the way and absolutely know that shoplifting is an offence punishable by a judge so you can bet your bottom dollar you will get a summons to appear in court. Paying restitution to sears is the least of it.

Tick