gileg
01-24-2008, 10:19 PM
Hello,
My wife and I got into a fight a while back and I was charged with a domestic assault. I served my time in jail, it was hell for us all. Anyway, we've tried to get a variation on my probation order, which states no contact and the judge is being really difficult about it. If we move from Ontario to Alberta, does the probation order still have any teeth? We're not planning on returning to Ontario if we go. Any input is appreciated.
Gileg
Quentin
02-14-2008, 03:49 AM
Assuming that you are planning on simply up and moving, then the order can have teeth but just not as sharp. If Ontario lays charges, the warrant may follow you to Alberta. It is a gamble on how bad Ontario wants to pursue the order. But if you go back to Ontario, you will be bitten with those outstanding charges. So moving to another province may only be a temporary reprieve from the order.
If you have a job lined up in Alberta, then arrangements can be made for you to move without violating the order though the judge would likely not budge on the no contact.
robbreid
02-15-2008, 05:14 PM
Best to call an attorney and get proper legal advice on this question, however;
http://www.mcscs.jus.gov.on.ca/English/corr_serv/comm_corr/probation.html
Ontario Probation
My understanding is, even if you skipped town, and they issued a warrant, that warrant would only be valid in Ontario, and would expire 7 years from the date it was issued.
At 7 years, the crown can go in front of a judge and request a Canada Wide Warrant, but on your charges they wouldn't bother, and a judge wouldn't grant it.
Now if you have any type of suspended sentence, it'll screw you up should you return to Ontario.
As the USA is entering into what could be a major recession, Canada absolutely will follow. Which in turn will collaspe the job market in Alberta, which has happened in the past, and guaranteed to happen in the future.
Never bet your future on a one horse town. Horse being OIL, and the only real commodity in Alberta, as oil goes, there goes Alberta.
So before you make your move, be very sure on your plans, because your plans may be very short cited.
For absolute certainty where you stand, contact an attorney in Ontario, and possibly one in Alberta, just to be sure.
gileg
03-07-2008, 07:21 PM
Thank you both for your replies. I don't have any suspended sentence, I've done my time and just have the probation left. My probation officer knows I intend to move and actually thinks it's a good idea. But, my record is now screwing around with my employment chances. All in all, the system keeps screwing us over.