have you ever been convicted of any criminal offence?

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spooky
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have you ever been convicted of any criminal offence?

Postby spooky » Tue Feb 26, 2013 9:56 am

Have you ever been convicted of any criminal offence under a federal statute for which a pardon has not been granted or issued? (This means any fine, period of imprisonment, or period of probation offered by the court)

I've had three speeding tickets in my lifetime. They've all been in a different country though. My record in Canada is clean and the last ticket I received was over 5 years ago.

I guess my question is - is a speeding ticket a criminal offence?

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Re: have you ever been convicted of any criminal offence?

Postby red_coat » Tue Feb 26, 2013 10:03 am

No, a speeding ticket is not a criminal offence.

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Re: have you ever been convicted of any criminal offence?

Postby CrimeDoesntPay » Tue Feb 26, 2013 11:09 am

Depending on how fast you were going, you may have to explain yourself.

Criminal or no, if hired a police service hands you the keys to a $50,000 piece of equipment (after all the mods and added gear). You think they're gonna give it to someone convicted of street racing?
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Re: have you ever been convicted of any criminal offence?

Postby strider » Tue Feb 26, 2013 12:40 pm

Feel free to correct me if Im wrong, but a criminal offence is anything that violates the Criminal Code of Canada. A speeding ticket does not fall under the Criminal Code, therefore, it isnt a criminal offence. You may want to look at offences under Provincial Statutes (i.e.Highway Traffic Act.) Speeding tickets are usually violations under those statutes. Unless if its putting someones life in danger, or if its speeding excessively. Then Im sure it can be classified as Dangerous Driving.

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Re: have you ever been convicted of any criminal offence?

Postby Tango5 » Tue Feb 26, 2013 12:49 pm

strider wrote:Feel free to correct me if Im wrong, but a criminal offence is anything that violates the Criminal Code of Canada. A speeding ticket does not fall under the Criminal Code, therefore, it isnt a criminal offence. You may want to look at offences under Provincial Statutes (i.e.Highway Traffic Act.) Speeding tickets are usually violations under those statutes.



Simple speeding ticket doesn't however, you can be criminally charged for driving offences.

Criminal Code of Canada section 249

1.Every one commits an offence of Dangerous Driving who operates;

(a) a motor vehicle in a manner that is dangerous to the public, having regard to all the circumstances, including the nature, condition and use of the place at which the motor vehicle is being operated, and the amount of traffic that at the time is or might reasonable be expect to be at that place; ....
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Re: have you ever been convicted of any criminal offence?

Postby gotchya » Tue Feb 26, 2013 1:17 pm

spooky wrote:Have you ever been convicted of any criminal offence under a federal statute for which a pardon has not been granted or issued? (This means any fine, period of imprisonment, or period of probation offered by the court)

I've had three speeding tickets in my lifetime. They've all been in a different country though. My record in Canada is clean and the last ticket I received was over 5 years ago.

I guess my question is - is a speeding ticket a criminal offence?

Can you please inform us where your record is NOT clean?
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Re: have you ever been convicted of any criminal offence?

Postby Mongo » Tue Feb 26, 2013 2:55 pm

I'm pretty sure speeding IS a criminal offence.
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Re: have you ever been convicted of any criminal offence?

Postby basketcase » Tue Feb 26, 2013 5:11 pm

A criminal conviction is any conviction against a Federal statute. Not just the Criminal Code.
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Re: have you ever been convicted of any criminal offence?

Postby Whistler22 » Tue Feb 26, 2013 7:05 pm

Mongo wrote:I'm pretty sure speeding IS a criminal offence.


Agreed.

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Re: have you ever been convicted of any criminal offence?

Postby johnq » Tue Feb 26, 2013 7:20 pm

In Canada, only the federal government can criminalize offences. Speeding is a regulatory offence set by the province, for instance the HTA in Ontario. If you were convicted of a criminal offence such as dangerous driving, you would know. I don't think you put speeding down in this section, there will be another section of the questionnaire that addresses traffic violations.

not to mention you have to submit your drivers abstract.

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Re: have you ever been convicted of any criminal offence?

Postby spooky » Tue Feb 26, 2013 9:16 pm

In regards to my driving record, I've got three speeding tickets while I was in the US. I've had no violations in the past 5 years and plan to keep it that way.

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Re: have you ever been convicted of any criminal offence?

Postby meathead1 » Tue Feb 26, 2013 10:19 pm

spooky wrote:In regards to my driving record, I've got three speeding tickets while I was in the US. I've had no violations in the past 5 years and plan to keep it that way.


A large handful of US states have reciprocal agreements with provinces, which means that a conviction in that state is applied to your provincial driver's licence. So your "clean" driver's licence is probably not that clean.
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Re: have you ever been convicted of any criminal offence?

Postby spooky » Thu Feb 28, 2013 1:15 am

That's fine, I'm just wondering if I need to put 'yes' as the response to the question about having a prior criminal conviction. 3 speeding tickets is the closest thing to a criminal record that I have.

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Re: have you ever been convicted of any criminal offence?

Postby johnq » Thu Feb 28, 2013 1:23 am

spooky wrote:That's fine, I'm just wondering if I need to put 'yes' as the response to the question about having a prior criminal conviction. 3 speeding tickets is the closest thing to a criminal record that I have.


I already answered your question. Traffic violations are regulatory offences governed by the province, except for specific vehicle related offences listed in federal acts which don't include traffic tickets. So with all due respect to the guys above that opined that speeding tickets are criminal offences, with regards to the info you've given us, you don't have a criminal record.

There is another section on your questionnaire that talks about driving record, so don't worry, you WILL still confess.

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Re: have you ever been convicted of any criminal offence?

Postby th » Thu Feb 28, 2013 2:04 pm

Whistler22 wrote:
Mongo wrote:I'm pretty sure speeding IS a criminal offence.


Agreed.

You should read some of the previous posts in this thread from people actively working in Law Enforcement. They lay out pretty nicely when speeding is and isn't a CCC charge.
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