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A. Captan
A. Captan, Lawyer
Category: Canada Criminal Law
Satisfied Customers: 232
Experience:  I am a criminal lawyer, practicing in Toronto, Ontario, Canada.
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I was sentenced to three years imprisonment a Class A drug

Customer Question

I was sentenced to three years imprisonment for trafficking a Class A drug (Ectasy) in May 1995 and was sentenced to three years imprisonment. I have not been in trouble before and my sentence is now considered spent in the UK. I asked a similar question yesterday in regards ***** ***** to Canada as deemed rehabilitated. My question is this, what is the maximum sentence for relevant crime in Canada that I mentioned at the beginning of this comment? And if it is over 10 years then I take it I am not liable to be deemed rehabilitated?You may be deemed rehabilitated depending on:the crime,
if enough time has passed since you finished serving the sentence for the crime and
if you have committed more than one crime.
In all cases, you may only be deemed rehabilitated if the crime committed outside Canada has a maximum prison term of less than 10 years if committed in Canada.I did not receive anywhere near this sentence, but believe that the relevant maximum sentence in Canada is "Life Imprisonment". I just need a definitive answer so that I can prepare my case when I arrive at the Canadian border.
Submitted: 4 months ago.
Category: Canada Criminal Law
Expert:  A. Captan replied 4 months ago.

Hello

This question is in the criminal law section, and I can only comment about the criminal law aspect of it, namely the maximum sentence for the offence in question (and not the immigration law related aspect)

Ecstasy (MDMA) is a Schedule 1 drug pursuant to the Controlled Drugs and Substances Act. Schedule 1 drugs involve the most punitive sentences, compared with the other schedules.

Trafficking is an offence prohibited by s. 5 of the Controlled Drugs and Substances Act. Section 5(3) stipulates that the maximum punishment is life imprisonment, as you suspected.

For more information on the drug and how it is regulated in Canada, you can browse the following link:

http://www.ccsa.ca/Resource%20Library/CCSA-Canadian-Drug-Summary-MDMA-2016-en.pdf

Customer: replied 4 months ago.
Hi,Thanks for the reply. From your answer I take it that means that my sentence will not be seen as qualifying for rehabilitation?Rgds
Lee
Expert:  A. Captan replied 4 months ago.

Lee

That is an immigration law question; I'm a criminal lawyer, and can only answer the criminal law aspect of it.

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