Is it true? Can a very old misdemeanor charge keep you out of Canada?

[Shella73]

I am trying to research this topic on a few fronts.  What Canada law is and what my husband's actual record is from NY state.

 

In 1989, he was pulled over for speeding  allowed a search of the car,disclosed there was a knife,in the trunks tool box with a blade bigger than his palm.

 

They arrested him for weapons possession, 4th degree. 

 

The charges were eventually reduced to a misdemeanor and all he did was forfit the bail as a fine.

 

He went into the Airforce and had no trouble getting a secret clearance.  

 

This all happened over 35 years ago.

We are booked on an Alaska cruise that ends in Vancouver BC. In September 2025. So,we are trying to settle the questions of what his actual police record from NY state looks like.(we live in MA) and that's been quite a lot of hoops so far with no clear answers,and if it does end up listing a misdemeanor, can he get into Canada?

Anyone have any insight?

[njhorseman]

5 hours ago, Shella73 said:

I am trying to research this topic on a few fronts.  What Canada law is and what my husband's actual record is from NY state.

 

In 1989, he was pulled over for speeding  allowed a search of the car,disclosed there was a knife,in the trunks tool box with a blade bigger than his palm.

 

They arrested him for weapons possession, 4th degree. 

 

The charges were eventually reduced to a misdemeanor and all he did was forfit the bail as a fine.

 

He went into the Airforce and had no trouble getting a secret clearance.  

 

This all happened over 35 years ago.

We are booked on an Alaska cruise that ends in Vancouver BC. In September 2025. So,we are trying to settle the questions of what his actual police record from NY state looks like.(we live in MA) and that's been quite a lot of hoops so far with no clear answers,and if it does end up listing a misdemeanor, can he get into Canada?

Anyone have any insight?

It doesn't matter how New York or any other US state classifies a crime. The important aspect how Canada would classify the crime if it had taken place there. For example, a DUI may be a misdemeanor or even just a traffic citation in some US states, but Canada considers it a serious felony-like crime and may deny entry to someone with a past DUI.

 

It's impossible for anyone here to say with any certainty how Canada will treat your husband's record. It happened so long ago it  may not even be recorded in the NCIC database, but if it is in the database it's strictly up to the judgment of Canada Border Services Agency as to whether your husband will be admitted to the country.

[Northern Aurora]

Your research may be very interesting. Canadian law treats "youthful indiscretions" very seriously.  Good luck and make sure you are confident in your results before boarding that Alaska cruise in 2025.

 

Consider posting this on the Alaska CC forum as frequent poster on that forum works at Seattle's Smith Cove pier boarding passengers.  @Ferry_Watcher works in Seattle but has insight regarding such issues.

[Shella73]

7 hours ago, njhorseman said:

It doesn't matter how New York or any other US state classifies a crime. The important aspect how Canada would classify the crime if it had taken place there. For example, a DUI may be a misdemeanor or even just a traffic citation in some US states, but Canada considers it a serious felony-like crime and may deny entry to someone with a past DUI.

 

It's impossible for anyone here to say with any certainty how Canada will treat your husband's record. It happened so long ago it  may not even be recorded in the NCIC database, but if it is in the database it's strictly up to the judgment of Canada Border Services Agency as to whether your husband will be admitted to the country.

Thank you for your help.We do know the ultimate decision is Canada's decision, what we are not so sure is if it really shows up as an arrest...it felt like a shake down..he was driven hours away from the site of infraction,"arraigned " in the middle of the night by the judge in his den. Bail had to be cash. His friend had to drive hours to find an ATM. He was put in the jumpsuit,fingerprinted,the officer even told him he would go as slow as possible to give his friend time to get back. He did have to return in a few weeks ,that is when the charges were reduced and bail forfeited. 

He remembered to tell the USAF recruiter about it, they tried to track it down,and couldn't  but got a waiver anyway that allowed him to enlist.

The only reason it's come up to either of our minds now is that we applied for TSA PRE CHECK within 24 hours of each other, my application had conditional approval in 24 hours. It has been 5 days and he still doesn't. He forgot to disclose the incident on the app,because he forgot all about it. And we wonder if it is showing up in some system now.

We tried calling the county it occurred in. They had a flood in 2011 and lost any record they may have had 

[Shella73]

3 hours ago, Northern Aurora said:

Your research may be very interesting. Canadian law treats "youthful indiscretions" very seriously.  Good luck and make sure you are confident in your results before boarding that Alaska cruise in 2025.

 

Consider posting this on the Alaska CC forum as frequent poster on that forum works at Seattle's Smith Cove pier boarding passengers.  @Ferry_Watcher works in Seattle but has insight regarding such issues.

Thank you, I will do that.

[Ferry_Watcher]

The only thing I can contribute is that passengers are not denied boarding for criminal offenses, just inefficient citizenship documents.  I am guessing that you are on a south bound one way cruise.  If the Canadians want to talk with your husband, it would be in Vancouver, as you would have been allowed to board the ship in Seward (?).   Just guessing that the Canadians won't pull aside your husband at disembark, but if they did, showing a return ticket back to the US ( scheduled for that day or maybe the following day) would satisfy them.

 

On a related topic, I will share that in speaking with a bus driver in Skagway (train/bus excursions crossing from Alaska into the Yukon), that the driver told me that he has had passengers that were denied entry while on an excursion.  He said that the ship was notified, and the passenger(s) were picked up from the border station, while the rest of the tour continued into Canada.

 

I think if you were my friend, I would say take the cruise, enjoy it, and try not to stress on the morning that you disembark.

[Northern Aurora]

7 hours ago, Ferry_Watcher said:

....

 

On a related topic, I will share that in speaking with a bus driver in Skagway (train/bus excursions crossing from Alaska into the Yukon), that the driver told me that he has had passengers that were denied entry while on an excursion.  He said that the ship was notified, and the passenger(s) were picked up from the border station, while the rest of the tour continued into Canada.

 

....

 

I am curious -- did the bus driver in Skagway give any indication as to why the passengers were denied entry into Canada?  Was it information picked up from the ship manifest?

 

Denial of entry into Canada was an issue for years in the Alaska dog mushing community.  When the Yukon Quest was being run (a long distance sled dog race between Whitehorse, Yukon Territory and Fairbanks, Alaska) several well known Alaskan mushers were denied entry into Canada due to marijuana   or DUI arrests in their past.  Marijuana is now legal in Alaska so I wonder how it would be handled now.

[Ferry_Watcher]

5 minutes ago, Northern Aurora said:

I am curious -- did the bus driver in Skagway give any indication as to why the passengers were denied entry into Canada?  Was it information picked up from the ship manifest?

 

 

I was asking the driver specifically in terms of DUI's.  I don't think the driver actually knew why the passengers was denied entry.  He did say that he had to call his dispatcher to arrange a pick up of the denied passenger.

 

All these bus/van drivers that cross into Canada have to have an accurate passenger manifest list of the people they are transporting.  According to my driver, the van/bus drivers are personally financially responsible for any fines for passengers who do not have their passports with them on the drive to the Canadian Yukon border.  This is why they always check their passenger's passports.

 

Re the Skagway/Yukon train - the Canadian CBP officers do come on to the Skagway train that crosses the border and has each passenger hold their opened passport near their face as they walk thru.  I think this is one of the reasons the Canadians only want to deal with passports and not US birth certificates.  It just makes the entire process go that much faster. 

[Northern Aurora]

I had to check -- the first year the Yukon Quest was first run in 1984.  The original format of the race was an international race between Fairbanks, Alaska and Whitehorse, Yukon Territory.  The race has been changed significantly and no longer is the same as originally conceived.  

 

The first several times the race was run were the races which some mushers were denied border crossing between Alaska and Canada.  These mushers had paid their UQ fees, had obtained financial sponsorship and so forth to find them selves denied entry.  I always thought that their marijuana (and if my memory is correct there were also some DUI issues) convictions were caught on a shared law enforcement database, but have always wondered.

[Fouremco]

Here are a couple of websites that should provide you with some idea of what needs to be done. Fortunately, you have lots of time to resolve the issue.

 

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

 

https://www.temporaryresidentpermitcanada.com/criminal-record.php#:~:text=Even if the offense was,permission from the Canadian Government.

[Shella73]

12 hours ago, Fouremco said:

Here are a couple of websites that should provide you with some idea of what needs to be done. Fortunately, you have lots of time to resolve the issue.

 

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

 

https://www.temporaryresidentpermitcanada.com/criminal-record.php#:~:text=Even if the offense was,permission from the Canadian Government.

I will look into this, thank you. 

[em-sk]

On 1/23/2024 at 1:51 PM, Shella73 said:

I am trying to research this topic on a few fronts.  What Canada law is and what my husband's actual record is from NY state.

 

In 1989, he was pulled over for speeding  allowed a search of the car,disclosed there was a knife,in the trunks tool box with a blade bigger than his palm.

 

They arrested him for weapons possession, 4th degree. 

 

The charges were eventually reduced to a misdemeanor and all he did was forfit the bail as a fine.

 

He went into the Airforce and had no trouble getting a secret clearance.  

 

This all happened over 35 years ago.

We are booked on an Alaska cruise that ends in Vancouver BC. In September 2025. So,we are trying to settle the questions of what his actual police record from NY state looks like.(we live in MA) and that's been quite a lot of hoops so far with no clear answers,and if it does end up listing a misdemeanor, can he get into Canada?

Anyone have any insight?

 

What you have going for you in this situation is to be denied entry it has to be something that would be a crime under the Canadian Criminal Code.  Canada has no laws against having a knife in the trunk of your car.  

 

If it was unlicensed firearm that would be a different story.  

 

 

 

[Shella73]

7 hours ago, em-sk said:

 

What you have going for you in this situation is to be denied entry it has to be something that would be a crime under the Canadian Criminal Code.  Canada has no laws against having a knife in the trunk of your car.  

 

If it was unlicensed firearm that would be a different story.  

 

 

 

You just gave me the best news, thank you!!

[broberts]

7 hours ago, em-sk said:

 

What you have going for you in this situation is to be denied entry it has to be something that would be a crime under the Canadian Criminal Code.  Canada has no laws against having a knife in the trunk of your car.  

 

If it was unlicensed firearm that would be a different story.  

 

 

 

 

Far too broad a statement. There are knives that are illegal in Canada with possession subject to criminal charge. Switch blade type knives are one example.

 

[Oceangoer2]

On 1/29/2024 at 10:34 AM, broberts said:

 

Far too broad a statement. There are knives that are illegal in Canada with possession subject to criminal charge. Switch blade type knives are one example.

 

oops....DH always carries a Swiss knife...wonder if that's allowable.  Goes through customs with it in a tray...never stopped.

[gnome12]

34 minutes ago, Oceangoer2 said:

oops....DH always carries a Swiss knife...wonder if that's allowable.  Goes through customs with it in a tray...never stopped.

Certainly after 9/11 a Swiss Army knife was not allowed in hand luggage on a plane. You can put it into checked luggage with no problem.

 

A Swiss Army knife is not a switchblade. A switchblade can open its blade with a flick; with a Swiss Army knife you have to pull it out manually.

[broberts]

36 minutes ago, Oceangoer2 said:

oops....DH always carries a Swiss knife...wonder if that's allowable.  Goes through customs with it in a tray...never stopped.

 

As long as it requires two hands to open it should be fine. 

 

Knives with blades under 6cm (~2.4 in.) Can be carried on flights within Canada and to non-US destinations, https://www.catsa-acsta.gc.ca/en/what-can-bring/sharp-objects. 

 

US TSA rules differ, https://www.tsa.gov/travel/security-screening/whatcanibring/items/knives#:~:text=Checked Bags%3A Yes,to baggage handlers and inspectors.

 

[Dunchues]

I didn't read all the posts,  but you have plenty of time to check with Ottawa and if necessary apply for exemption from inadmissibility if indeed you even need to, which I doubt. It's certainly worth doing that rather than hoping you get the right border guard on the day, it is not an expensive exercise at all.

[Shella73]

8 hours ago, Dunchues said:

I didn't read all the posts,  but you have plenty of time to check with Ottawa and if necessary apply for exemption from inadmissibility if indeed you even need to, which I doubt. It's certainly worth doing that rather than hoping you get the right border guard on the day, it is not an expensive exercise at all.

Thanks, I know it's far off,that's why I am starting now,so the process can be finished on Canada's end.(If it is needed.) 

The first step starts today actually.  Hubby is going to a center that will fingerprint him and submit his request for records to New York, state. Hopefully, it comes back as "no finding."  Meaning he has no record at all.