Canadian Border Patrol Problems

[RDC1]

I have just finished reading the rules for entering Canada, and nowhere did I find just because you had a DUI, or any misdemenor would you be denied access. It said if you had committed a crime punishable for 10years, you would be denied access. I also found where they can ask for

an appeal on the matter... which they may do.

Yes, it is nice that they were allowed to buy their way into Canada, and

they made the best of the situation and enjoyed their cruise in spite of the hassels.

 

http://www.cbsa-asfc.gc.ca/media/facts-faits/109-eng.html

 

This url describes the treatment of DUI's.

[serendipity1499]

I have just finished reading the rules for entering Canada, and nowhere did I find just because you had a DUI, or any misdemenor would you be denied access. It said if you had committed a crime punishable for 10years, you would be denied access. I also found where they can ask for

an appeal on the matter... which they may do.

Yes, it is nice that they were allowed to buy their way into Canada, and

they made the best of the situation and enjoyed their cruise in spite of the hassels.

 

Are you sure that your SIL's DUI was considered a misdemeanor? I believe that in Florida a DUI/DWI is considered a criminal offense but I'm not sure..For a first offense one could actually be sentenced up to 9 months in jail.. Reading the info in the following URL Posted by RDC1 it looks to me that Canada also looks at a DUI as a criminal offense..

 

http://www.cbsa-asfc.gc.ca/media/facts-faits/109-eng.html

 

This url describes the treatment of DUI's.

 

As others have said I think your SIL was very fortunate that he was permitted to enter Canada..

Cheers...Betty

[wander]

As an aside, does it matter what Florida considers it to be? Is it not Canada which makes that decision in terms of entry into the country?

[runnerodb83]

My daughter and her husband just got back from their 3rd anniversary cruise on a HAL ship to Alaska... they took the train from Seattle to Vancouver, BC... upon arrival in Vancouver, they were "randomly" pulled

aside by the Canadian border patrol, and questioned about what they were coming into Canada for, they told them they were going on a cruise.

There seemed to be a huge problem with the authorities and my SIL, he

is a reformed alcoholic, and has been sober for over 15 years, however he

had had a DUI back in the days of drinking, of which he is not proud of,

the border patrol questioned him extensively and then told him he would

have to pay them $200.00 to get a permit to enter Canada!! The permit was good for the duration of their cruise. needless to say this was not the

way they wanted to start their vacation. Have any of you ever had this

happen to you, or to someone you know.. We thought they should have

some kind of warnings to those coming to Canada, or at least some mention of this problem to the general cruising public.

 

Ironically, I think I was in the secondary screening area when your SIL was being questioned (I recall hearing someone talking about a 'crime' 15 years ago and explaining it to the agent). I got pulled aside as I was doing a 1 day cruise solo, which wasn't planned, but my daughter got sick and my wife decided to stay home. Since it was a 1 day cruise we hadn't bought insurance but the agent at Princess said as long as 1 of us went, we would get the taxes and fees back for the other two and double cruise credit. I assume we would have got the taxes back if we all stayed home, but my wife knows I like cruising and my daughter was fine the next day, but I had already left...

 

Long story short, the US CBP get a bad wrap, the fella at Canada Place was playing music on his phone and waved me by after scanning my passport. The gent at the train station emptied my backpack entirely.

 

As I left the secondary screening, a new fellow was brought in and when asked about his custom form he responded "I'm a free spirit, I like to express myself..." oh, he was gonna be there a while.

[PatsyAnne]

Holland America has the following in their Alaska Tour Tips (Tour_Tips.pdf) file.

 

"While most US citizens, as well as foreign nationals from other countries, will be able to enter or visit

Canada, a small percentage may be found inadmissible.

Several things can make you inadmissible to Canada,

including involvement in criminal activity (serious

or minor), in human rights violations or in organized

crime. You can also be inadmissible for security, health

or financial reasons.

For example, a criminal conviction – including a

conviction of driving under the influence (DUI) of

drugs or alcohol – could make a person inadmissible to

Canada. For that reason, be prepared to deal with your

criminal history before planning your trip to Canada."

 

I have also seen this information in several of the threads, and in travel books about Canada. Every time I go to another country, I check all current requirements. Perhaps type A, but I've made it across every border and back. When I traveled for work, I also had to meet all of the work requirements, such as letters of invitation, copies of degrees, explanations of why a citizen of their country couldn't do the job. I always assumed that it was their right and responsibility to manage their borders, and my responsibility to comply. Traveling internationally is a privilege that most of us on this board have enjoyed.

[MyDogRudy]

As an aside, does it matter what Florida considers it to be? Is it not Canada which makes that decision in terms of entry into the country?

 

You are correct. It doesn't matter what the US or any state considers to be a 'crime' it is what Canada considers to be a crime. Even in the US, misdemeanors are still often technically criminal offenses, though many are dealt with through fines, maybe probation and maybe even a bit of jail time. Ordinances, which strictly have fines as disposition are not 'crimes.' In Canada a DUI is a crime, they are not going to interpret our laws (as well as the laws for all other countries) to specify the law infractions they consider crimes which may differ from other countries responses to law violations.

 

It is the responsibility of the traveler to check the regulations for international travel.

 

Sent from my Motorola Electrify using Tapatalk 2

[bar_20]

If he got the DUI in Washington it stays on your record for seven years and California is 10 years. There is a web site that will tell you how long each state keeps it on their DMV records. If it was more than 10 years and as you said 15 years unless it was part of vehicle manslaughter, Canada wouldn't even know about it. Quite frankly it's none of their business.:mad:

[tasha99]

If he got the DUI in Washington it stays on your record for seven years and California is 10 years. There is a web site that will tell you how long each state keeps it on their DMV records. If it was more than 10 years and as you said 15 years unless it was part of vehicle manslaughter, Canada wouldn't even know about it. Quite frankly it's none of their business.:mad:

I disagree--Canada can choose how long they deem a crime to be relevant. It's their right as a sovereign nation.

[startwin]

If he got the DUI in Washington it stays on your record for seven years and California is 10 years. There is a web site that will tell you how long each state keeps it on their DMV records. If it was more than 10 years and as you said 15 years unless it was part of vehicle manslaughter, Canada wouldn't even know about it. Quite frankly it's none of their business.:mad:

 

You're absolutely right. It's none of Canada's business what the rules are in any US state. But it is Canada's business who is let into Canada, and we have the right to refuse entry to our country anyone with a DUI.

[visagrunt]

Here is is, chapter and verse from the Immigration and Refugee Protection Act S.C. 2001, c. 27.

 

36. (2) A foreign national is inadmissible on grounds of criminality for

...

(b) having been convicted outside Canada of an offence that, if committed in Canada, would constitute an indictable offence under an Act of Parliament, or of two offences not arising out of a single occurrence that, if committed in Canada, would constitute offences under an Act of Parliament;

 

End of statement. It is the gravity of the equivalent Canadian offence that matters. No amount of time will erase or overcome an inadmissibility under this paragraph. Immigration officers have no discretion to ignore inadmissiblity once it comes to their attention, though they might not always inquire into it.

 

The way to overcome it permanently is the application that I referred to on the first page.

 

(And now you might understand where my handle comes from...)

[1of4]

I don't think a DUI more than 15 years ago, deserves to be called a "criminal record" Could you please direct me to a place to find out what the rules of travelling in Canada are?? Thank you.

I am not the one that is upset, In fact, He had been in Canada at that exact train station 2 years earlier, and had no problem, so why now???[/quote]

 

Bolding is mine. The answer is Boston Marathon bombings. The border agents are probably being extra vigillant because of the bombings in Boston. They are now checking everyone because that incident was just a month ago.

 

Yes, I still think you are upset as you are challenging many replies. You seem to be trying to proove that the border agent was wrong where the truth was you s-i-l was in the wrong for not doing his homework.

 

What you think doesn't matter. The law is the law and when trying to enter another country you have to respect the laws of that country. The information was there both from HAL and on line if he chose to look into it. He was detained, for a time, and had to pay for an entry visa. He was probably allowed to pay only because of the time period that has elapsed. I will say again, he was very very lucky.

 

Why would time erase a record? "Gee I forgot" is no excuse. In Canada driving drunk is very serious and IS a criminal offence. How is Canada to know he has been a model citizen? He has a criminal record and has done nothing to erase it. Being drunk and putting innocent people in peril is not smart and time won't erase that either.

 

On the flip side, to show it goes both ways, we have a neighbour who can't enter the USA because he has a conviction from when he was a teenager for smoking pot....no big deal right? Wrong, eventhough it was over 35 years ago he can not cross the border. This has hampered his family and his work.

 

Some issues the USA is more lenient and others Canada.

[Seago2]

OP, I get it. Whether or not anyone thinks of a long ago DWI as a criminal act, Canada does. They have a blanket policy but they can overlook it at and let someone in at point of entry or they can simply not catch it. As has been stated, they're not trying to penalize your SIL, they are simply not allowing him entry. He was allowed to buy his way in, which in your case was a very good thing.

 

As I stated before, I cross the bridge all the time. I actually picked a three week old out of his carseat and started nursing him because the border officer was repeatedly questioning whether he was my child and I had no birth certificate yet. WOW did his face turn red :). This was despite the fact that my four other kids said "yeah, he's our new baby brother!", they were all documented, AND I HAD ALREADY CROSSED THAT DAY. Multiple times already with that baby in his life- we have a cottage across the border. I've had to take apart packaged Ikea items to show US border officers that parts of them weren't made in Iran. Believe me- living in Buffalo, we all have stories to tell.

 

So- let it go. They were in the right, your kids were in the wrong, it's a ridiculously stupid law, end :cool:.

[CruiseWhere]

And lets finish this off with one final note.....It is always up to the the CBSA's discretion!!! Read into that what you like. Period.

[Himself]

My daughter and her husband just got back from their 3rd anniversary cruise on a HAL ship to Alaska... they took the train from Seattle to Vancouver, BC... upon arrival in Vancouver, they were "randomly" pulled

aside by the Canadian border patrol, and questioned about what they were coming into Canada for, they told them they were going on a cruise.

There seemed to be a huge problem with the authorities and my SIL, he

is a reformed alcoholic, and has been sober for over 15 years, however he

had had a DUI back in the days of drinking, of which he is not proud of,

the border patrol questioned him extensively and then told him he would

have to pay them $200.00 to get a permit to enter Canada!! The permit was good for the duration of their cruise. needless to say this was not the

way they wanted to start their vacation. Have any of you ever had this

happen to you, or to someone you know.. We thought they should have

some kind of warnings to those coming to Canada, or at least some mention of this problem to the general cruising public.

 

 

 

$200 Hundred Dollars to enter Canada! This sounds like a ward committiman in the city of Chicago!

[sail7seas]

We are responsible for our own actions, no matter how long ago they occured, and the sooner we all take responsibility for these actions and stop trying to find someone else to blame, the better we'll all be IMO

 

No matter what unpleasant happens in our lives today, there are people who are always trying to find anyone but themselves to blame.

 

Take responsibiltiy. Drive drunk; pay the price.

 

[franksandy]

OMG I will be leaving on a cruise out of Canada on HAL in 1 week...My BF who 67 had a DUI 13 years ago....we are driving accross the border...should we expect to have to pay 200.00 for him to cross....or is this just random....We did do a Alaska cruise 3 years ago out of Seattle and didn't have a problem...

[Baatman]

If at least five years have elapsed since the end of the sentence imposed for the DUI, your SIL is eligible to apply for "approval of rehabilitation." The application can be made at any Canadian visa office (in the US they are located at Washington DC, Buffalo, New York City, Detroit, Seattle and Los Angeles).

 

The fee is $200 CAD, the processing time is generally several months (though I can vary widely depending upon the circumstances of the applicant). If approved, it permanently overcomes the inadmissibility arising from the criminal conviction.

 

http://www.cic.gc.ca/english/information/applications/rehabil.asp

 

Wow..what you can learn on CC! I had no idea Canada was that strict regarding something like a DUI. I wonder how many people have been denied entry because of something like that. To be denied entry after having paid several thousand dollars for a cruise would be a very rude awakening.

[Cruising-along]

OMG I will be leaving on a cruise out of Canada on HAL in 1 week...My BF who 67 had a DUI 13 years ago....we are driving accross the border...should we expect to have to pay 200.00 for him to cross....or is this just random....We did do a Alaska cruise 3 years ago out of Seattle and didn't have a problem...

 

It appears to be random -- you just never know. And of course if you look nervous, they'll pull you over for sure. DH worked at the US-Canada border when he was in college -- I've heard quite a few stories over the years. I'm sure post 9-11 it's a lot different than when he worked there.

[sapper1]

We have a local judge who announced a few years ago that first time offenders for drunk driving would be doing jail time if they appeared before him. He had a lot of community support. We take drinking and driving extremely seriously in Canada and there is little sympathy from either the courts or the public for offenders.

[franksandy]

It appears to be random -- you just never know. And of course if you look nervous, they'll pull you over for sure. DH worked at the US-Canada border when he was in college -- I've heard quite a few stories over the years. I'm sure post 9-11 it's a lot different than when he worked there.

I'm going to make sure he has 2 crisp 100.00 Bills in his wallet...LOL I was a TA specialising in Cruises for 15 years....this is the first time I have ever heard of this law at the border for DUI's...

[startwin]

I'm going to make sure he has 2 crisp 100.00 Bills in his wallet...LOL I was a TA specialising in Cruises for 15 years....this is the first time I have ever heard of this law at the border for DUI's...

 

Oh my, I thought TA's were supposed to know what is required when crossing any border.

 

Living close enough to the border here we often go into the US and we all know what the requirements are. I have friend who can't cross the border at all because of a marijuana possession charge many years ago.

[RuthC]

We take drinking and driving extremely seriously in Canada and there is little sympathy from either the courts or the public for offenders.

Good for Canada! I wish our courts took it more seriously. :(

[taxmantoo]

Living close enough to the border here we often go into the US and we all know what the requirements are. I have friend who can't cross the border at all because of a marijuana possession charge many years ago.

 

Both our countries have different laws and attitudes towards certain crimes or infractions.

We in Canada treat DUI as a serious Criminal Code offense but possession of marijuana is not as serious. We might prevent people with DUI offenses from entering the country but disregard marijuana possession offenses (possession, not selling) when considering admissibility.

The US does not view DUI as serious as Canada YET and will not prevent someone with a DUI offense from entering the country but will prevent someone with a past marijuana possession infraction.

 

p.s. Your friend could apply for and be granted a I-192 waiver which would allow him entry into the US.

[buckirj1]

This thread happens every year. I count myself lucky to have seen it for the first time several years ago, or I would have had no idea.

 

Not having any offenses, it doesn't matter to me personally, but it could well impact some of my potential traveling companions.

[Gunther1]

With possession of one ounce of marijuana now legal in the state of Washington, one can expect more twists in these types of situations. A lot of ignorant/misinformed people don't realize that the border patrol goes by federal, not state, laws.