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    Steve4521's Avatar
    Steve4521 Posts: 3, Reputation: 0
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    #1

    Feb 21, 2009, 10:58 AM
    Border crossing into Canada
    I have a misdemeanour and the alleged events happened in May 1995, but the Canadian authorities are equating this to a Canadian law that wasn't passed until 1997... is this legal? I ask because they are counting this misdemeanour as a "serious" criminal offense. Just doesn't seem fair to do that.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Feb 21, 2009, 11:06 AM
    Quote Originally Posted by Steve4521 View Post
    I have a misdemeanour and the alleged events happened in May 1995, but the Canadian authorities are equating this to a Canadian law that wasn't passed until 1997...is this legal? I ask because they are counting this misdemeanour as a "serious" criminal offense. Just doesn't seem fair to do that.


    Crossing the Border is a privilege, not a right. "They" can do anything they want, make any rules they want, concerning arrest records.

    I don't understand the "alleged events" part. Were you found guilty or not?
    Steve4521's Avatar
    Steve4521 Posts: 3, Reputation: 0
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    #3

    Feb 21, 2009, 11:57 AM
    That's irrelevant.

    If you're going to answer my question above please post it.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #4

    Feb 21, 2009, 12:03 PM
    Quote Originally Posted by Steve4521 View Post
    That's irrelevant.

    If you're going to answer my question above please post it.


    If you want to know what's fair - and take a public poll - post on a discussion board. If you want legal advice, ask here.

    This is a legal thread, not a chat site. You cannot dictate how your questions will be answered.

    You might also want to look up the spelling of misdemeanor before you take legal action in this matter.

    You posted on an Immigration Board - are you immigrating or just visiting?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #5

    Feb 21, 2009, 12:09 PM

    Their nation as the US are free to pass laws that they wish. So as they view the standing of crimianal offenses, they may do this.

    If you disagree you can file a complaint in their courts to challenge the legality. Now they are not under the US constitution, so you will have to base your challenge on Canada law
    Steve4521's Avatar
    Steve4521 Posts: 3, Reputation: 0
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    #6

    Feb 21, 2009, 12:26 PM
    Well just because they don't have the Constitution doesn't mean that they are ruled by laws. Equating an offence in the US to an offence in Canada when the Canadian law din't exist seems not right. Guess I'm going to have to hire a Canadian attorney to help me with this.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #7

    Feb 21, 2009, 12:29 PM

    Come back and let us know what advice the Attorney has for you.

    I have no idea what "they don't have the Constitution" means.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #8

    Feb 21, 2009, 01:25 PM
    [QUOTE=Comments on this post
    Fr_Chuck agrees: Canada is not ruled by the US Constitution ( well not yet anyway).[/QUOTE]



    Pending the invasion, of course.
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