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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 99929
Experience:  I have been a lawyer since 1985 and have been a professional on this site for 5 years.
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My son is 14 and currently has a 10 month referral order. I

Resolved Question:

My son is 14 and currently has a 10 month referral order. I would like him to visit his aunt and cousins in Toronto, but I am concerned that he will be refused entry as the referral order is not yet spent. He is a British citizen with a UK passport.
Submitted: 2 years ago.
Category: Canada Law
Expert:  Legal Ease replied 2 years ago.
Thank you for your question. My goal is to provide you with the best possible answer.

To achieve that goal it may be that I will find that I need to gather further information from you. As well, it's quite possible that you may feel the need to ask me additional questions for further clarification.

But, please understand that as a careful lawyer I will always give you an honest answer even if the answer is sometimes not what you were hoping for.

I am a lawyer in Canada. I don't know the law in the UK so please explain what a referral order is and then I can explain the law about admissibility to Canada to you.
Customer: replied 2 years ago.
Hello,
When a young person commits a minor crime for the first time and they plead guilty the court issues a referral order. It is a unique sentence involving the local community youth offending team, parents and any counsellors that might be required, such as a substance misuse counsellor.
The aim, through weekly meetings over a fixed time period is for the young person to become accountable for their actions, explore why they behaved in that way, and to not re-offend.
If they complete the order and do not re-offend in that period then the order is spent and will not show up on a CRB check.
I hope this helps
Sarah
Expert:  Legal Ease replied 2 years ago.
This is similar to what we have in Canada.

Is the charge actually withdrawn entirely?
Customer: replied 2 years ago.

The referral order is the only court order that is not recorded as a criminal conviction.

Once it is spent you do not have to declare it to future employers.

Two of the charges are for personal possession of cannabis, I thought I should tell you this as some countries are stricter than others regarding any drug related offences, regardless of age.

Kind Regards

Sarah

Expert:  Legal Ease replied 2 years ago.
OK

So once he meets the conditions he can enter Canada without any concerns though he should always have paperwork with him in case there is some confusion at the border. But when there is no conviction and no actual finding of guilt he would not be considered in admissible.

For now, if he were an adult he could not enter Canada unless this was missed by the officers at the border.

If they were to run a check on him at the border now he could also not enter in most cases but it would be possible for the office to allow him in, at his/her discretion because they always have this discretion and given his age and the fact this is all very minor he would still have a good chance of entering.

As he is a minor it is very possible that there will not even be a check done. It's hard to know but I personally have never heard of a kid being turned away.

Unfortunately there is never any guarantees. This is the best answer I can provide.
Legal Ease and other Canada Law Specialists are ready to help you
Customer: replied 2 years ago.

Many Thanks for your help

Expert:  Legal Ease replied 2 years ago.
You are very welcome.
Legal Ease and other Canada Law Specialists are ready to help you

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