DUI can I renew my RAIC

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yyzRamp
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DUI can I renew my RAIC

Post by yyzRamp »

Got a DUI a couple years back and it's time to renue my RAIC. Will GTAA give me trouble about this??

Thanks in advance.

Best Regards.
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onetreehill
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Re: DUI can I renew my RAIC

Post by onetreehill »

I think not, but your parents should.
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yyzRamp
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Re: DUI can I renew my RAIC

Post by yyzRamp »

onetreehill wrote:I think not, but your parents should.
Every one makes mistakes. Was a stupid mistake made 3 years ago. I was .01 over the limit. i did not get in an accident or harm anyone. was caught by RIDE program. but regardless, I was over.

So you don't think GTAA will care that I now have a criminal record. Ive been at the airport now for 8 years but the last time I renewed RAIC I didn't have a record at the time.
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onetreehill
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Re: DUI can I renew my RAIC

Post by onetreehill »

No problem. You will be fine. Like you said it was a dumb move on your part and you learnt from it.
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Airband
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Re: DUI can I renew my RAIC

Post by Airband »

.


Should be ok, most straight impaired/over .08 are processed as summary offences rather than indictable. Think they're looking for heavier hitters.
Transport Canada
Part II - Standards

CANCELLATION OR REFUSAL
II.35

1. The Advisory Body may recommend to the Minister the cancellation or refusal of a security clearance to any individual if the Advisory Body has determined that the individual’s presence in the restricted area of a listed airport would be inconsistent with the aim and objective of this Program.

2. In making the determination referred to in subsection (1), the Advisory Body may consider any factor that is relevant, including whether the individual:
has been convicted or otherwise found guilty in Canada or elsewhere of an offence including, but not limited to:
  • i. any indictable offence punishable by imprisonment for more then 10 years,
    ii. trafficking, possession for the purpose of trafficking or exporting or importing under the Controlled Drugs and Substances Act,
    iii. any offences contained in Part VII of the Criminal Code - Disorderly Houses, Gaming and Betting,
    iv. any contravention of a provision set out in section 160 of the Customs Act,
    v. any offences under the Security Of Information Act; or
    vi. any offences under Part III of the Immigration and Refugee Protection Act;

3. is likely to become involved in activities directed toward or in support of the threat or use of acts of serious violence against property or persons.
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yyzRamp
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Re: DUI can I renew my RAIC

Post by yyzRamp »

onetreehill wrote:No problem. You will be fine. Like you said it was a dumb move on your part and you learnt from it.
Thanks
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yyzRamp
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Re: DUI can I renew my RAIC

Post by yyzRamp »

Yes it was a summary conviction. Thanks for this response. This really put me at ease.

Thanks you so much.

This is a great forum with great ppl!
Airband wrote:.


Should be ok, most straight impaired/over .08 are processed as summary offences rather than indictable. Think they're looking for heavier hitters.
Transport Canada
Part II - Standards

CANCELLATION OR REFUSAL
II.35

1. The Advisory Body may recommend to the Minister the cancellation or refusal of a security clearance to any individual if the Advisory Body has determined that the individual’s presence in the restricted area of a listed airport would be inconsistent with the aim and objective of this Program.

2. In making the determination referred to in subsection (1), the Advisory Body may consider any factor that is relevant, including whether the individual:
has been convicted or otherwise found guilty in Canada or elsewhere of an offence including, but not limited to:
  • i. any indictable offence punishable by imprisonment for more then 10 years,
    ii. trafficking, possession for the purpose of trafficking or exporting or importing under the Controlled Drugs and Substances Act,
    iii. any offences contained in Part VII of the Criminal Code - Disorderly Houses, Gaming and Betting,
    iv. any contravention of a provision set out in section 160 of the Customs Act,
    v. any offences under the Security Of Information Act; or
    vi. any offences under Part III of the Immigration and Refugee Protection Act;

3. is likely to become involved in activities directed toward or in support of the threat or use of acts of serious violence against property or persons.
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Raymond Hall
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Re: DUI can I renew my RAIC

Post by Raymond Hall »

yyzRamp wrote:Got a DUI a couple years back and it's time to renue my RAIC. Will GTAA give me trouble about this?
Here is a report of a decision of the Federal Court that was issued January 23, 2013. That decision was rendered following a judicial review of a decision (of the issuer of the RAIC, the Minister of Transport) on an almost identical issue. The Federal Court decision stands for the proposition that a great deal of discretion lies in the hands of the issuer of the RAIC, and that the courts are very reluctant to interfere with that discretion:

http://news.nationalpost.com/2013/01/29 ... n-her-job/

Here is a link to the actual Federal Court decision:

http://www.canlii.org/en/ca/fct/doc/201 ... 13fc59.pdf


Justice Rennie, by the way, is one of the authors of the annual text, Federal Courts Practice that is "the bible" for lawyers appearing in both the Federal Court and the Federal Court of Appeal, and coincidentally was the judge who, in June, 2012, heard the judicial review of the Vilven-Kelly BFOR decision issued by CHRT Member Craig in July, 2011. Justice Rennie's decision on that JR was reserved, apparently pending the outcome of the SCC appeal.


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tractor747
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Re: DUI can I renew my RAIC

Post by tractor747 »

What if a pilot for a major airline was found guilty of fraud in superior court? Would they have an issue renewing their RAIC?
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Inverted2
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Re: DUI can I renew my RAIC

Post by Inverted2 »

tractor747 wrote:What if a pilot for a major airline was found guilty of fraud in superior court? Would they have an issue renewing their RAIC?
No, they'd be promoted to senior management. 8)
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flyincanuck
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Re: DUI can I renew my RAIC

Post by flyincanuck »

HAHAHAHAHAHAHAHAHA!!!!!

That was the best line I've seen on here in a while.
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