Entertaining Canada legal questions?

[RCIfan1912]

I have a coworker that is planning a Canadian cruise that starts in Canada. They fly into Canada and cruise begins in Canada. He has 2 DWI from 11 and 20 years ago. He is worried about not being able to enter? Some weird or strick laws? Any ideas? 

[NotPayinExtra]

13 minutes ago, RCIfan1912 said:

I have a coworker that is planning a Canadian cruise that starts in Canada. They fly into Canada and cruise begins in Canada. He has 2 DWI from 11 and 20 years ago. He is worried about not being able to enter? Some weird or strick laws? Any ideas? 

He has a problem. Canada doesn't allow Americans (or anyone) with DWI into the country. There is an appeals process that comes at a substantial cost. 

[DoomSlayer]

He should contact the Canadian Embassy and ask about this and if he may qualify for an exemption.  George Bush had to get a special waiver for permission to enter Canada and he was President of the United States. 

[tjcruisers]

Somebody posted recently in a thread (last week) what they had to do for their DWI to be allowed in, look for one titled felony (or something along those lines)

[teddy]

 

 

20 minutes ago, tjcruisers said:

Somebody posted recently in a thread (last week) what they had to do for their DWI to be allowed in, look for one titled felony (or something along those lines)

 

 

[RCIfan1912]

Thanks guys, I had no idea about any of this. Never had a DWI/DUI and don't plan to. I have a CDL and don't ever have one drink and drive. 

I am stunned at how strict though. 

[bobroo]

Also, don't go to Canada if you have a drug conviction; even a small amount of cannabis from your Woodstock days.

Don't go if you've been convicted of a felony.

And....do NOT go there if you are going to work while you are there.

 

[NotPayinExtra]

For the edification of those reading. This no entry with a DWI also includes Mexico. They don't seem to be as strict with cruise passengers as those driving over the border. It varies widely whether or not you will be refused admission. The law I believe is offence within the past 10 years with Mexico. They are not as together as Canada. Canada doesn't play games on this. Thats why many bands don't perform in Canada. Issues for band members, crew, etc. It's also a law in 6 other countries, that will stop your getting past and admitted. 

[teddy]

I suspect laws have changed since I went through my process.

Here's a place to start reading: 

https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/inadmissibility/overcome-criminal-convictions.html

 

[DJsMrs]

And lord help you if you have weapons...  knives, pepper spray, even ammo.

It's interesting because in Canada a DUI isn't a guaranteed criminal offense.   It's either an IRP (immediate roadside prohibition - which sucks, costs a boatload and the car is impounded for 90 days regardless of who owns it), or you can be charged under the Criminal Code.   Most first time offenders are not charged with a criminal offense.

I'm surprised they're so strict with people who have had one DWI in the US.   

 

This caught  my eye though:

 

Deemed rehabilitation

Deemed rehabilitation, under Canada’s immigration law, means that enough time has passed since you were convicted that your crime may no longer bar you from entering Canada.

You may be deemed rehabilitated depending on:

the crime,

if  enough time has passed since you finished serving the sentence for the crime and

if you have committed more than one crime.

In all cases, you may only be deemed rehabilitated if the crime committed outside Canada has a maximum prison term of less than 10 years if committed in Canada.

[Bowen]

19 hours ago, DJsMrs said:

And lord help you if you have weapons...  knives, pepper spray, even ammo.

It's interesting because in Canada a DUI isn't a guaranteed criminal offense.   It's either an IRP (immediate roadside prohibition - which sucks, costs a boatload and the car is impounded for 90 days regardless of who owns it), or you can be charged under the Criminal Code.   Most first time offenders are not charged with a criminal offense.

I'm surprised they're so strict with people who have had one DWI in the US.   

 

This caught  my eye though:

 

Deemed rehabilitation

Deemed rehabilitation, under Canada’s immigration law, means that enough time has passed since you were convicted that your crime may no longer bar you from entering Canada.

You may be deemed rehabilitated depending on:

the crime,

if  enough time has passed since you finished serving the sentence for the crime and

if you have committed more than one crime.

In all cases, you may only be deemed rehabilitated if the crime committed outside Canada has a maximum prison term of less than 10 years if committed in Canada.

*sadly removes Bowie knife from luggage* 

[Cello56]

The USA can be just as strict about previous offences barring you from entering. I know someone who stole an item worth less than $20 back when he was only 18 years old. He had no problem crossing from Canada to the USA for decades - until the criminal database sharing caught up with him. Suddenly he was stopped and spent years of time and $$$$ lots of money to gain permission to once again travel from Canada to the USA. Every country sets their own rules and enforces them as they see fit. 

[monctonguy]

Its the same both ways for the most part.

Its always funny how much Americans don't know about Canadian laws and rules(or history or politics or tv shows or the list goes on..lol). They aren't much different than the USA. In a lot of cases I would say even more lenient.

 

But, its like its a big deal/surprise that if you try to enter Canada with a DUI there might be a issue.....ummm, pretty sure its the same exact thing for Canadians going to the USA.

 

 

[AlmondFarmer]

44 minutes ago, monctonguy said:

It’s always funny how much Americans don't know about Canadian laws and rules(or history or politics or tv shows or the list goes on..lol).

Canadian bacon was created in 1854, and is commonly referred to as pea meal bacon. 

-from an American who likes Hawaiian pizza. 

[DonR]

59 minutes ago, monctonguy said:

 

But, its like its a big deal/surprise that if you try to enter Canada with a DUI there might be a issue.....ummm, pretty sure its the same exact thing for Canadians going to the USA.

 

 

Just out of blatant curiosity I looked it up, a single DUI presents no difficulty in entering the US.  Multiple DUI's or a DUI accompanied by other issues on a persons record could possibly cause denial of entry. 

I expect the surprise on the part of most US citizens is that, overall, we engage in international travel far less than citizens of many other countries. We simply don't realize we ought to check entry requirements! 

[twangster]

In a lot of cases one side may enforce such a policy because the other country does.  America is pretty strict about it, and so is Canada.  Which side enforced it first?  Which side copied the other?  Doesn't really matter, both sides can make it an issue at their border.  

[teddy]

Being from an isolated border logging town, I remember the resentment that the Canadian truckers could come into the States with a DUI conviction but American truckers couldn’t go into Canada. 

….of course now that I’m an “adult”, I realize the solution is to not drink and drive….

[Villageidiot]

Used to live on the St Lawrence river in New York. Canada started enforcing a rule about fishing in their waters accompanied by large fines. I thought a war was going to break out over it with all the uproar. Also Canadians had issues with clearing immigration when traveling on boats "because I've been going back and forth all my life". The fishing thing may have been a response to this.

 

[monctonguy]

i think there are some wrong assumptions and info out there. Or perhaps it was diffetnet in the 80's and 90's.

 

Nowdays, You are inadmissible to the USA if you steal chocolate bar....and for some crimes, even if you are not found guilty, just the charge of the crime can be enough to ban you from the USA.

 

I have not heard that you get a free pass on a DUI..its a criminal code conviction here in Canada...pretty sure that makes you inadmissible to go to alot of places..