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Legal Ease
Legal Ease, Lawyer
Category: Canada Criminal Law
Satisfied Customers: 96442
Experience:  I am a practicing lawyer and have also been an online professional for 5 years.
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Canadian criminal law. can you advise what the criminal code

Customer Question

Canadian criminal law. can you advise what the criminal code would be for the following convictions.
Attempted obtaining property by deception theft act 1968 (TH68) section 15
Theft theft act 1968 (TH68) section 1
Burglary & Theft dwelling theft act 1968 (TH68) section 9 (1) (B)
I was advised by yourself that I would be rehabilitated as they were committed in 1985. A family holiday is booked for July 2016 and we were not aware that the laws had changed. Previously visited in 2000 no problems. I was told there would be no issue getting into Canada but could apply for visitor visa. this I have done and have been asked to fill in rehabilitation form. can you advise what I should do as time is fast approaching. In order for rehabilitation form they are asking for the Canadian codes for my crime. please help
Submitted: 7 months ago.
Category: Canada Criminal Law
Expert:  Legal Ease replied 7 months ago.
The site is having trouble staying online. I am not sure that you will even receive my reply. Can you let me know whether or not I explained about how to get a temporary resident permit? This is not a visa but it is a permit.
Customer: replied 7 months ago.
I have not received the information. please resend.
Expert:  Legal Ease replied 7 months ago.
There is no possibility that you will be able to complete the rehabilitation process by the summer. In fact it takes well over a year.However, because you want to come to Canada this summer and because your charges were from a long time ago it is very likely that you will be able to get what is called a temporary resident permit. Essentially, that is where you get permission from the government to enter Canada.If you Google this online you will see that this is generally reserved for extraordinary cases where there is a pressing reason for your need to enter Canada. However, that is not actually always true. It is quite possible and in fact I would say quite likely that you will be able to get a temporary resident permit to enter Canada this summer because your convictions happened so long ago.I suggest that you apply for the temporary resident permit at once. While it is possible to apply at the border since there is no guarantee that you will get this permit is likely more prudent to apply ahead of time and you should do so now. The cost is only $200.Later on if you want to apply for rehabilitation you can certainly do that. But it is time-consuming and expensive and is not something that you should turn your mind to for this summer.
Customer: replied 7 months ago.
I asked about what the Canadian criminal code would be for the offenses committed and you have not answered this question. can you complete my request
Expert:  Legal Ease replied 7 months ago.
I don't know your facts but here are the sections that may apply: Criminal Code of CanadaTheft Sections 322. (1) Every one commits theft who fraudulently and without colour of right takes, or fraudulently and without colour of right converts to his use or to the use of another person, anything, whether animate or inanimate, with intent(a) to deprive, temporarily or absolutely, the owner of it, or a person who has a special property or interest in it, of the thing or of his property or interest in it;(b) to pledge it or deposit it as security;(c) to part with it under a condition with respect to its return that the person who parts with it may be unable to perform; or(d) to deal with it in such a manner that it cannot be restored in the condition in which it was at the time it was taken or converted.Time when theft completed(2) A person commits theft when, with intent to steal anything, he moves it or causes it to move or to be moved, or begins to cause it to become movable.Secrecy(3) A taking or conversion of anything may be fraudulent notwithstanding that it is effected without secrecy or attempt at concealment.Purpose of taking(4) For the purposes of this Act, the question whether anything that is converted is taken for the purpose of conversion, or whether it is, at the time it is converted, in the lawful possession of the person who converts it is not material.Wild living creature(5) For the purposes of this section, a person who has a wild living creature in captivity shall be deemed to have a special property or interest in it while it is in captivity and after it has escaped from captivity.R.S., c. C-34, s. 283.Oysters323. (1) Where oysters and oyster brood are in oyster beds, layings or fisheries that are the property of any person and are sufficiently marked out or known as the property of that person, that person shall be deemed to have a special property or interest in them.Oyster bed(2) An indictment is sufficient if it describes an oyster bed, laying or fishery by name or in any other way, without stating that it is situated in a particular territorial division.R.S., c. C-34, s. 284.Theft by bailee of things under seizure324. Every one who is a bailee of anything that is under lawful seizure by a peace officer or public officer in the execution of the duties of his office, and who is obliged by law or agreement to produce and deliver it to that officer or to another person entitled thereto at a certain time and place, or on demand, steals it if he does not produce and deliver it in accordance with his obligation, but he does not steal it if his failure to produce and deliver it is not the result of a wilful act or omission by him.R.S., c. C-34, s. 285.Agent pledging goods, when not theft325. A factor or an agent does not commit theft by pledging or giving a lien on goods or documents of title to goods that are entrusted to him for the purpose of sale or for any other purpose, if the pledge or lien is for an amount that does not exceed the sum of(a) the amount due to him from his principal at the time the goods or documents are pledged or the lien is given; and(b) the amount of any bill of exchange that he has accepted for or on account of his principal.R.S., c. C-34, s. 286.Theft of telecommunication service326. (1) Every one commits theft who fraudulently, maliciously, or without colour of right,(a) abstracts, consumes or uses electricity or gas or causes it to be wasted or diverted; or(b) uses any telecommunication facility or obtains any telecommunication service.Definition of "telecommunication"(2) In this section and section 327, "telecommunication" means any transmission, emission or reception of signs, signals, writing, images or sounds or intelligence of any nature by wire, radio, visual or other electromagnetic system.R.S., c. C-34, s. 287; 1974-75-76, c. 93, s. 23.Possession of device to obtain telecommunication facility or service327. (1) Every one who, without lawful excuse, the proof of which lies on him, manufactures, possesses, sells or offers for sale or distributes any instrument or device or any component thereof, the design of which renders it primarily useful for obtaining the use of any telecommunication facility or service, under circumstances that give rise to a reasonable inference that the device has been used or is or was intended to be used to obtain the use of any telecommunication facility or service without payment of a lawful charge therefor, is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.Forfeiture(2) Where a person is convicted of an offence under subsection (1) or paragraph 326(1)(b), any instrument or device in relation to which the offence was committed or the possession of which constituted the offence, on such conviction, in addition to any punishment that is imposed, may be ordered forfeited to Her Majesty, whereupon it may be disposed of as the Attorney General directs.Limitation(3) No order for forfeiture shall be made under subsection (2) in respect of telephone, telegraph or other communication facilities or equipment owned by a person engaged in providing telephone, telegraph or other communication service to the public or forming part of the telephone, telegraph or other communication service or system of such a person by means of which an offence under subsection (1) has been committed if such person was not a party to the offence.1974-75-76, c. 93, s. 24.Theft by or from person having special property or interest328. A person may be convicted of theft notwithstanding that anything that is alleged to have been stolen was stolen(a) by the owner of it from a person who has a special property or interest in it;(b) by a person who has a special property or interest in it from the owner of it;(c) by a lessee of it from his reversioner;(d) by one of several joint owners, tenants in common or partners of or in it from the other persons who have an interest in it; or(e) by the directors, officers or members of a company, body corporate, unincorporated body or of a society associated together for a lawful purpose from the company, body corporate, unincorporated body or society, as the case may be.R.S., c. C-34, s. 288.329. [Repealed, 2000, c. 12, s. 94]Theft by person required to account330. (1) Every one commits theft who, having received anything from any person on terms that require him to account for or pay it or the proceeds of it or a part of the proceeds to that person or another person, fraudulently fails to account for or pay it or the proceeds of it or the part of the proceeds of it accordingly.Effect of entry in account(2) Where subsection (1) otherwise applies, but one of the terms is that the thing received or the proceeds or part of the proceeds of it shall be an item in a debtor and creditor account between the person who receives the thing and the person to whom he is to account for or to pay it, and that the latter shall rely only on the liability of the other as his debtor in respect thereof, a proper entry in that account of the thing received or the proceeds or part of the proceeds of it, as the case may be, is a sufficient accounting therefor, and no fraudulent conversion of the thing or the proceeds or part of the proceeds of it thereby accounted for shall be deemed to have taken place.R.S., c. C-34, s. 290.Theft by person holding power of attorney331. Every one commits theft who, being entrusted, whether solely or jointly with another person, with a power of attorney for the sale, mortgage, pledge or other disposition of real or personal property, fraudulently sells, mortgages, pledges or otherwise disposes of the property or any part of it, or fraudulently converts the proceeds of a sale, mortgage, pledge or other disposition of the property, or any part of the proceeds, to a purpose other than that for which he was entrusted by the power of attorney.R.S., c. C-34, s. 291.Misappropriation of money held under direction332. (1) Every one commits theft who, having received, either solely or jointly with another person, money or valuable security or a power of attorney for the sale of real or personal property, with a direction that the money or a part of it, or the proceeds or a part of the proceeds of the security or the property shall be applied to a purpose or paid to a person specified in the direction, fraudulently and contrary to the direction applies to any other purpose or pays to any other person the money or proceeds or any part of it.Effect of entry in account(2) This section does not apply where a person who receives anything mentioned in subsection (1) and the person from whom he receives it deal with each other on such terms that all money paid to the former would, in the absence of any such direction, be properly treated as an item in a debtor and creditor account between them, unless the direction is in writing.R.S., c. C-34, s. 292.Taking ore for scientific purpose333. No person commits theft by reason only that he takes, for the purpose of exploration or scientific investigation, a specimen of ore or mineral from land that is not enclosed and is not occupied or worked as a mine, quarry or digging.R.S., c. C-34, s. 293.Punishment for theft334. Except where otherwise provided by law, every one who commits theft(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years, where the property stolen is a testamentary instrument or the value of what is stolen exceeds five thousand dollars; or(b) is guilty(i) of an indictable offence and is liable to imprisonment for a term not exceeding two years, or(ii) of an offence punishable on summary conviction,where the value of what is stolen does not exceed five thousand dollars.R.S., 1985, c. C-46, s. 334; R.S., 1985, c. 27 (1st Supp.), s. 43; 1994, c. 44, s. 20. Having in PossessionPossession of property obtained by crime354. (1) Every one commits an offence who has in his possession any property or thing or any proceeds of any property or thing knowing that all or part of the property or thing or of the proceeds was obtained by or derived directly or indirectly from(a) the commission in Canada of an offence punishable by indictment; or(b) an act or omission anywhere that, if it had occurred in Canada, would have constituted an offence punishable by indictment.Obliterated vehicle identification number(2) In proceedings in respect of an offence under subsection (1), evidence that a person has in his possession a motor vehicle the vehicle identification number of which has been wholly or partially removed or obliterated or a part of a motor vehicle being a part bearing a vehicle identification number that has been wholly or partially removed or obliterated is, in the absence of any evidence to the contrary, proof that the motor vehicle or part, as the case may be, was obtained, and that such person had the motor vehicle or part, as the case may be, in his possession knowing that it was obtained,(a) by the commission in Canada of an offence punishable by indictment; or(b) by an act or omission anywhere that, if it had occurred in Canada, would have constituted an offence punishable by indictment.Definition of "vehicle identification number"(3) For the purposes of subsection (2), "vehicle identification number" means any number or other mark placed on a motor vehicle for the purpose of distinguishing the motor vehicle from other similar motor vehicles.Exception(4) A peace officer or a person acting under the direction of a peace officer is not guilty of an offence under this section by reason only that the peace officer or person possesses property or a thing or the proceeds of property or a thing mentioned in subsection (1) for the purposes of an investigation or otherwise in the execution of the peace officer's duties.R.S., 1985, c. C-46, s. 354; 1997, c. 18, s. 23.Punishment355. Every one who commits an offence under section 354(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years, where the subject-matter of the offence is a testamentary instrument or the value of the subject-matter of the offence exceeds five thousand dollars; or(b) is guilty(i) of an indictable offence and is liable to imprisonment for a term not exceeding two years, or(ii) of an offence punishable on summary conviction,where the value of the subject-matter of the offence does not exceed five thousand dollars.R.S., 1985, c. C-46, s. 355; R.S., 1985, c. 27 (1st Supp.), s. 49; 1994, c. 44, s. 21. FraudFraud380. (1) Every one who, by deceit, falsehood or other fraudulent means, whether or not it is a false pretence within the meaning of this Act, defrauds the public or any person, whether ascertained or not, of any property, money or valuable security or any service,(a) is guilty of an indictable offence and liable to a term of imprisonment not exceeding ten years, where the subject-matter of the offence is a testamentary instrument or the value of the subject-matter of the offence exceeds five thousand dollars; or(b) is guilty(i) of an indictable offence and is liable to imprisonment for a term not exceeding two years, or(ii) of an offence punishable on summary conviction,where the value of the subject-matter of the offence does not exceed five thousand dollars. Let me know if you need more help.

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