r/canadaguns • u/AutoModerator • Oct 23 '22

Weekly Newbies & FAQ Thread - Post your questions here for PAL/RPAL application, timelines, CFSC/CFSRC, references & requirements, or general new to firearms ownership -type questions

This thread will be used for the "new"-type questions, PAL/RPAL applications, references, CFSC/CFRSC requirements, storage/transport, or other general "new-to-me" firearms ownership questions.

In response to this thread, the community was quite positive for a thread to cover these subjects.

These threads will be stickied for a week, renewing every Sunday @ about 0600 AST. Previous threads here. Take a look, your question may have been answered!

If you have any suggestions for this thread, please feel free to ask here, or send the Mods a message.

Thank you!

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u/Glum_Mix8170 Oct 25 '22

Hi everyone!

I'm going through my PAL application and have a question about section 16. a); specifically with the "Have you ever been charged, convicted or granted a discharge for an offence..." wording. And surely, it must be something other folks have thought about or gone through when submitting their PAL.

I completed a conditional discharge a decade ago, and at the time, a large part of why I agreed to it was because it "must be removed from your record" after three years. Oh, and wanting to move on with my life and the crushing debt I would have incurred from a full trial.

If the idea is that I've met my conditions, and it was discharged and is no longer on my record, then why is it pertinent to the application?

It also seems odd that you can answer no if you received a record suspension or pardon. But only in the sense that with a discharge, you don't have the option of a record suspension, so does that mean those with discharges are always "stuck" with it to some degree?

I'm 99.9999% sure I will consult with a lawyer specializing in this area, but I thought I'd also ask here in the newbies thread.

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u/Beretta_errata removeddit pro Oct 25 '22

So, if you answer truthfully, you have been charged. If they catch you in a lie you will not be granted a license.

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u/Glum_Mix8170 Oct 25 '22

Sure, and that's what I'm getting at.

If you start with the charge, and say instead, someone was convicted, received a sentence, completed it and some sort probation and/or parole, waited the required time, you could apply for a record suspension.

If the record suspension was granted, according to 16 a on the form, you could answer no.

And again, that's why I'm wondering if anyone else has gone through this scenario, however unlikely it may be that they'd be willing to say so publicly here.

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u/Beretta_errata removeddit pro Oct 25 '22

Keep in mind you are asking a legal question on the internet, the phrasing 'have you ever'

AFAIK police never delete records, the 'deleted' long gun registry is evidence of this, they got a ministerial order and a court order to delete that.