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  #1  
Old 12-12-2003, 05:21 PM
Epileptik Epileptik is offline
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What happens when sex-offenders move to another country?

For one of my classes, I'm doing a persuasive speech against the sex-offender registry. From the rudimentary research I did, I concluded sex-offenders could not lead normal lives here in the US once released from prison(for better or worse, but that is neither here nor there for the moment).

Anyway, what would happen to an american sex-offender who moved to Canada, hypothetically? First, would his probabtion allow him/her to move out of the country? Second, once in Canada, would residents there have anyway of knowing his past? When seeking a job, would Canadien companies background checks show his criminal record?


I assume the offender would not be allowd to move out of country. I also assume his criminal record would show up in Canada, but I cannot find sites for either point. Hopefully you geniuses can help me out.
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  #2  
Old 12-12-2003, 07:45 PM
aaslatten aaslatten is offline
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I'm pretty sure these days you can't move to Canada without already having a job offer.
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  #3  
Old 12-12-2003, 07:53 PM
Derleth Derleth is offline
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But could you apply for a job in Canada without letting your prospective employer know of your history here?

Maybe saying you did do time, but implying that it was for a lesser offense.
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  #4  
Old 12-12-2003, 07:54 PM
Ilsa_Lund Ilsa_Lund is offline
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Quote:
For one of my classes, I'm doing a persuasive speech against the sex-offender registry.
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  #5  
Old 12-12-2003, 08:02 PM
Derleth Derleth is offline
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Ilsa_Lund: It's entirely possible the OP actually supports the registry, but was handed the con side by the teacher. The point of those classes is to teach people to argue both sides of any argument.
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If you don't stop to analyze the snot spray, you are missing that which is best in life. - Miller
I'm not sure why this is, but I actually find this idea grosser than cannibalism. - Excalibre, after reading one of my surefire million-seller business plans.
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  #6  
Old 12-12-2003, 08:27 PM
boofy_bloke boofy_bloke is offline
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In Oz, our government would ask your government if the person applying for a visa was a person of good standing and act accordingly. See also Willie Briggite.
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  #7  
Old 12-12-2003, 08:42 PM
Epileptik Epileptik is offline
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Actually, I choose to argue against a sex-offender registry...
But this is a General Question and not a Great Debate...

The answer to my question is not vital to me speech. I was trying to put myself in the shoes of a sexual-offender( ), and, being Canadian, I thought I would move back to Canada. So I guess I'm working under the assumption that the offender is a Canadian citizen.
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  #8  
Old 12-12-2003, 09:26 PM
Fyodor Fyodor is offline
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Well, we did have sex offender a few years back here in Canada, I think his name was Graham James, who was a minor hockey coach and had sexual relations with teenage boys, hockey players he was coaching, and did some jail time for it. imagine the surprise when it was revealed in the press that he had done his time, completed probation, and moved to Spain where he was... working as a hockey coach.
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  #9  
Old 12-12-2003, 09:32 PM
5cents 5cents is offline
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Re: What happens when sex-offenders move to another country?

Quote:
Originally posted by Epileptik
Anyway, what would happen to an american sex-offender who moved to Canada, hypothetically? First, would his probabtion allow him/her to move out of the country? Second, once in Canada, would residents there have anyway of knowing his past? When seeking a job, would Canadien companies background checks show his criminal record?
Probation doesn't generally let you move out of the state you are living in, let alone the country. You have to meet with your probation officer on a regular basis, which can be difficult if you leave. However, once your probation is over, you are free to leave.

As for background checks in Canada showing US criminal history, my guess would be "no". No cite, but having dealt enough with non-criminal cross-border legal issues, I'd have a hard time believing that there is any co-ordination on this.
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  #10  
Old 12-12-2003, 09:40 PM
elfbabe elfbabe is offline
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Quote:
From the Canadian embassy in Washington, DC

Persons who have been convicted of a CRIMINAL OFFENCE in ANY COUNTRY may be INADMISSIBLE TO CANADA as a result of their criminal record. Even persons who do not require a Visa to enter Canada may still be refused permission to enter Canada if they are MEMBERS OF AN INADMISSIBLE CLASS.

INADMISSIBLE CLASSES:

Members of Inadmissible Classes include those who have been convicted of MINOR OFFENCES (including shoplifting, theft, assault, dangerous driving, unauthorized possession of a firearm, possession of illegal substances, etc.), or of INDICTABLE CRIMINAL OFFENCES (including assault with a deadly weapon, manslaughter, etc.). As well, those who have been convicted of DRIVING WHILE INTOXICATED (DWI) are considered Members of an Inadmissible Class. Driving while under the influence of alcohol is regarded as an extremely serious offence in Canada.
It seems that a sexual assault conviction would make it very difficult for an offender who is not a Canadian citizen to get into Canada at all. I'm trying to look up information on what happens to Canadian citizens who, say, are convicted in the US, serve their time, then return to Canada.
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  #11  
Old 12-12-2003, 09:42 PM
5cents 5cents is offline
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Quote:
Originally posted by Epileptik
I was trying to put myself in the shoes of a sexual-offender( ), and, being Canadian, I thought I would move back to Canada. So I guess I'm working under the assumption that the offender is a Canadian citizen.
Welcome, fellow Canuckistani in exile!

That "assumes Canadian" changes everything. First, if you are a Canadian citizen and are not a US citizen, the US and Canada have a deal where they will send prisoners to their home country to serve out their sentence. I don't know if that means you now have a record in Canada and the US, but I wouldn't be surprised.

On the other hand, lets say you are a dual citizen. The US (correctly) regards you as a US citizen, and could care less about what other citizenship(s) you have. You serve out your time in a US jail, get out on probabtion, then enter Canada as a Canadian citizen. This is like your original question - I doubt Canadian authorities have any idea of your past.
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  #12  
Old 12-12-2003, 09:49 PM
aaslatten aaslatten is offline
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But Canadians never commit crimes.
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  #13  
Old 12-12-2003, 09:50 PM
KGS KGS is offline
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Quote:
Originally posted by Fyodor
...imagine the surprise when it was revealed in the press that he had done his time, completed probation, and moved to Spain where he was... working as a hockey coach.
Don't be so quick to judge; the age of consent in Spain is 13. (Used to be 12.) Which is something the OP should take into account in his report.

Can't say how they'd feel about coaches diddling with their students, however. That truly is reprehensible.
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  #14  
Old 12-12-2003, 09:53 PM
5cents 5cents is offline
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Quote:
Originally posted by elfbabe
I'm trying to look up information on what happens to Canadian citizens who, say, are convicted in the US, serve their time, then return to Canada.
There is an absolute right of return to Canada for Canadian citizens. Sorry, can't find a cite.
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  #15  
Old 12-12-2003, 09:54 PM
elfbabe elfbabe is offline
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According to the Ontario sex offender registry (http://www.mpss.jus.gov.on.ca/englis..._register.html), the only people who need to register are those who were convicted in Canada.

And Googling shows me that there are a lot of companies offering "international background checks," which seems to mean that 1) They're entirely possible, but 2) Regular background checks may not include them.

So, based on this, a Canadian citizen who was convicted of a sex crime in the US would not be required by law to participate in the sex offender registry, at least in Ontario, and might not have his/her US record discovered during a normal background check. But someone might have some other ideas.
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  #16  
Old 12-12-2003, 09:56 PM
elfbabe elfbabe is offline
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Quote:
Originally posted by 5cents
There is an absolute right of return to Canada for Canadian citizens. Sorry, can't find a cite.
Well, I figured they'd be allowed to return, I was just trying to figure out what'd happen when they did. And I did, I think!
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  #17  
Old 12-12-2003, 10:02 PM
5cents 5cents is offline
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Quote:
Originally posted by 5cents
There is an absolute right of return to Canada for Canadian citizens. Sorry, can't find a cite.
Duh, it's in the Canadian Charter of Rights and Freedoms (a part of the Canadian Constitution - essentially Canada's "Bill of Rights").

cite: http://laws.justice.gc.ca/en/charter/ (paragraph 6)
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  #18  
Old 12-12-2003, 10:51 PM
Nametag Nametag is offline
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This isn't exactly what you asked for, but here is a site (opposed to notification laws) that gives some information on such laws in Canada.

http://www.johnhoward.ab.ca/PUB/C19.htm
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  #19  
Old 12-12-2003, 11:01 PM
SnoopyFan SnoopyFan is offline
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It seems that a sexual assault conviction would make it very difficult for an offender who is not a Canadian citizen to get into Canada at all.

They've got the right idea. Why on earth don't we do something like this?
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  #20  
Old 12-12-2003, 11:45 PM
5cents 5cents is offline
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Quote:
Originally posted by SnoopyFan
It seems that a sexual assault conviction would make it very difficult for an offender who is not a Canadian citizen to get into Canada at all.

They've got the right idea. Why on earth don't we do something like this?
Uh, the US does. Here's what the US asks of visitors http://travel.state.gov/DS-0156.pdf and immigrants (page 6) http://uscis.gov/graphics/formsfee/f...iles/i-485.pdf. As they say, answering yes isn't automatic grounds for exclusion, however, what they don't say (but should be obvious) is that if you answer yes, you better have a very good excuse. If you lie and answer no, and they find out, you lose.

I know somebody who is having trouble entering the US because of what most people would consider a prank. The dude used fake ID to get into a bar while underaged, was arrested, held in jail overnight, then released. No charges were ever filed. A few months later he left the US to return to his home country. Now, a few years later, he's trying to get back to the US. He's been told to sit tight for 6 months while they investigate.
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