Embarkation in Canada

[roughty bob]

what is the new rule about embarkation in Canada evan if you have had a DWI

[mom says]

Didn't know there was a new "rule". I think the same law is still in effect. At any rate, if you are embarking at a Canadian port, your problem would arise when you entered the country and went thru Immigration/Passport Control. You would be stopped there- long before you even got to the ship.

Edited May 20, 2019 by mom says

[davekathy]

51 minutes ago, roughty bob said:

what is the new rule about embarkation in Canada evan if you have had a DWI

Welcome to CC. Call customer service for the cruise line you're going to cruise with and ask them. 

[Heidi13]

Not aware of any changes to our Criminal Code. In Canada, impaired driving is a criminal offense under the Criminal Code. If you have been convicted of impaired driving you will be in-admissible at port of entry.

 

If taking an Alaska cruise R/T from a US port that must stop at a Canadian port, if you can board the vessel, upon arrival in Canada you will most likely be flagged for a face to face with Canadian Immigration and be unable to depart the vessel. 

[DirtyDawg]

I would suggest contacting the nearest Canadian Consulate and ask the people whose job it is to know their rules. 

You can also check various web sites.

https://help.cbp.gov/app/answers/detail/a_id/402/~/entering-the-u.s.-and-canada-with-dui-offenses

[1025cruise]

Your problem won't be embarking at the port. Your problem will be getting into Canada to get to the port.

DWI is considered a felony in Canada, therefore you risk not being allowed in.

[Aplmac]

Geezzzz... thanks for the WARNING!

 

Not that it applies to me, but it's good to know that!

[martincath]

Actually there was a change to the Criminal Code last December - it made DUIs into Serious Crimes by virtue of bumping the maximum sentence into the 10-year plus bracket. This automatically meant that ALL people with a DUI, who have not arranged a 'pardon', can no longer make use of the Deemed Rehabilitated clause. This is the first cruise season impacted by the change - and as of yet I have no idea how much discretion is being used by CBSA, e.g. whether folks who had a DUI years ago and have successfully entered Canada under the Deemed Rehabilitated exemption have continued to be accepted (i.e. 'grandfathered in') or if even folks previously able to come in have been getting refused.

 

So OP, depending whether you have previously been able to get into Canada or not you may become one of the first test cases for the change... personally Id' be taking no chances, and be filing for a 'pardon' ASAP to ensure you can continue visiting the Great White North.

[Aplmac]

^ This is getting SERIOUS!!

[cruiseryyc]

2 hours ago, Aplmac said:

^ This is getting SERIOUS!!

Aplmac its always been serious.  Happens several times a year that cruisers are denied boarding or have to remain on the ship during stops in Canada.

[calliopecruiser]

16 hours ago, martincath said:

ALL people with a DUI, who have not arranged a 'pardon', can no longer make use of the Deemed Rehabilitated clause.

Very interesting!  Thanks for the info. 

[roughty bob]

16 hours ago, martincath said:

Actually there was a change to the Criminal Code last December - it made DUIs into Serious Crimes by virtue of bumping the maximum sentence into the 10-year plus bracket. This automatically meant that ALL people with a DUI, who have not arranged a 'pardon', can no longer make use of the Deemed Rehabilitated clause. This is the first cruise season impacted by the change - and as of yet I have no idea how much discretion is being used by CBSA, e.g. whether folks who had a DUI years ago and have successfully entered Canada under the Deemed Rehabilitated exemption have continued to be accepted (i.e. 'grandfathered in') or if even folks previously able to come in have been getting refused.

 

So OP, depending whether you have previously been able to get into Canada or not you may become one of the first test cases for the change... personally Id' be taking no chances, and be filing for a 'pardon' ASAP to ensure you can continue visiting the Great White North. 

Does any one know if there is a statue of limitations my dwai was over 35 yrs ago

[Turtles06]

4 hours ago, cruiseryyc said:

Aplmac its always been serious.  Happens several times a year that cruisers are denied boarding or have to remain on the ship during stops in Canada.

 

I wish courts in the U.S. would take drunk driving more seriously. 

[martincath]

23 minutes ago, roughty bob said:

Does any one know if there is a statue of limitations my dwai was over 35 yrs ago

Nope - that's how the prior exemption worked (and still does - if you committed a crime or misdemeanour with a maximum sentence of less than 10 years, then assuming you have a clean record since then you can potentially enter Canada 5 years after completing your sentence). The change is that DUIs have had their sentence increased - and for Serious Crimes, on paper the only way to ever be allowed in is to file for formal record suspension (a 'pardon' as most folks refer to it).

 

That said - given the time since your offence, the odds are much higher that it remains 'off the books' on the shared criminal database that USA/Canada both have access to. Records were often not computerized back in the day. But the only way to find out whether your offence is on the record for CBSA or not is to try crossing the border...

 

Really you need to contact an attorney specializing in this sort of thing - or just play it safe and file the paperwork, as it will be cheaper to file for a 'pardon' than to pay even a few hours of lawyer rates... it's now CAD$1000 to file since DUIs are now Serious Crimes. The big downside is that it was often more than a year to get your 'pardon' BEFORE the change in DUI sentences - given the many folks with DUIs that now need to file the delay is only going to increase, so don't book a cruise any time soon.

Edited May 22, 2019 by martincath

[srsh1]

I have a friend wanting to cruise Alaska (ending in Vancouver) - she has 2 misdemeanors from 16 years ago.  Does anyone know how that would be handled? 

[mom says]

Depends on the crime. Some misdemeanors in the US are considered felonies in Canada. She should contact Canadian Border Services for the answer.

[martincath]

On 6/11/2019 at 8:20 AM, srsh1 said:

I have a friend wanting to cruise Alaska (ending in Vancouver) - she has 2 misdemeanors from 16 years ago.  Does anyone know how that would be handled? 

Have to agree with reply above - what the severity of the charge was in the US is 100% irrelevant, it's all about whether CANADA treats the offence as a crime or not. The classic example being DUI, which for some bizarre reason is deemed a relatively trivial offence in the US but treated as a criminal matter in pretty much all the rest of the civilized world... if your friend has DUIs then she has no hope of getting into Canada without a 'pardon' being issued for both. OTOH, if it's for marijuana possession which has been decriminalized in Canada then it works the other way around, an offence down your side of the border but no longer a crime up here, so no issue.

 

The link I gave above in post #8 is relevant regardless of the type of offence - and the only way to definitely find out is to either file that paperwork in advance, or else show up at the border and try to cross!

[paul929207]

On 5/22/2019 at 8:12 AM, Aplmac said:

^ This is getting SERIOUS!!

DUI has always been serious.