U.S. CitiesCity-Data Forum Index
Go Back   City-Data Forum > World Forums > Canada
 [Register]
Please register to participate in our discussions with 1.5 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
Jump to a detailed profile or search
site with Google Custom Search

Search Forums  (Advanced)
Business Search - 14 Million verified businesses
Search for:  near: 
Reply Start New Thread
 
Old 05-09-2011, 01:04 AM
 
Location: Southern Minnesota
5,992 posts, read 7,204,189 times
Reputation: 2954

Advertisements

Quote:
Canada border agents have access to many criminal records, and they are getting more access all the time. If they find an any kind of dui arrest (doesn't need to include the conviction, just the arrest) they WILL deem you "criminally inadmissable". Don't lie if asked--that will be another point against you. You can apply for "rehabilitation status" five years after the completion of your sentence (jail time, probation, etc.), or five years after the offense if there was no conviction.
I don't understand that at all. If there is no conviction, there is no offense. I always thought you were presumed innocent until proven guilty. Does that policy not exist in Canada?
Reply With Quote Quick reply to this message

 
Old 05-09-2011, 08:55 AM
 
Location: Hougary, Texberta
2,895 posts, read 4,995,391 times
Reputation: 2882
Quote:
Originally Posted by northstar22 View Post
I don't understand that at all. If there is no conviction, there is no offense. I always thought you were presumed innocent until proven guilty. Does that policy not exist in Canada?
That's not really a true statement. If there's no conviction, there's no conviction. In order to have a trial/verdict/conviction you have to have an offense in the first place that put you in the situation. But look at the question. The usual question from Customs/Immigration is if you've ever been arrested, not convicted. Even if you've never been guilty, there is a record of your arrest. It becomes a character issue at that point. If the Officer asks if you've ever been arrested, and you say no, and the answer is yes, at that point everything you say is suspect.
Besides, if you get tagged for impared in Canada you're screwed anyways.
If you refuse to take a breathalizer, no problem. It's against the law to refuse a breathalizer. Conveniently enough, the penalty for refusing to blow is identical to the one for impared driving.

You can have your licence suspended from 24hrs to a week by blowing UNDER the legal limit of .08

Basically if you drink, don't drive. Period.
Reply With Quote Quick reply to this message
 
Old 05-09-2011, 12:20 PM
 
Location: Southern Minnesota
5,992 posts, read 7,204,189 times
Reputation: 2954
I would never drink and drive . . . I'm not speaking from experience. I have no DUI arrests. I'm just saying that -- at least in the U.S. -- you can be arrested for a crime that you did not actually commit, and late acquitted at trial. I'm guessing Canada functions on a "presumption of guilt" model, which is different than the U.S.
Reply With Quote Quick reply to this message
 
Old 05-09-2011, 12:50 PM
 
398 posts, read 188,643 times
Reputation: 199
Well you couldn't be more wrong. Canada's legal system is very similar to ours, which was inherited from the British.

If a border officer asks you if you were arrested, I would clarify with them. "Are you talking about arrests that led to a conviction?" It's my own business whether I have ever been arrested or not. I will only say to the border guard, "I have never been arrested for a criminal offence that I have subsequently been convicted of."
Reply With Quote Quick reply to this message
 
Old 05-09-2011, 01:19 PM
 
Location: Hougary, Texberta
2,895 posts, read 4,995,391 times
Reputation: 2882
Quote:
Originally Posted by northstar22 View Post
I would never drink and drive . . . I'm not speaking from experience. I have no DUI arrests. I'm just saying that -- at least in the U.S. -- you can be arrested for a crime that you did not actually commit, and late acquitted at trial. I'm guessing Canada functions on a "presumption of guilt" model, which is different than the U.S.
Northbound is right. There is a presumption of innocence, but the fact of the matter is that in order to be charged, and thus create the offence, there had to be substantive evidence to be charged.

As Northbound and I have said, the officer isn't looking for your guilt, they usually ask if you've been charged. Not if you're convicted, not if you've been found guilty, not if it ever even went to trial.
Reply With Quote Quick reply to this message
 
Old 05-09-2011, 08:47 PM
 
Location: Ontario
64 posts, read 31,365 times
Reputation: 38
They wont let you cross with a DUI.
Reply With Quote Quick reply to this message
 
Old 05-16-2011, 07:42 PM
 
Location: Moose Jaw, in between the Moose's butt and nose.
4,458 posts, read 4,375,858 times
Reputation: 1402
Just wonder if it makes a difference, if you're not driving the car, someone else is, if you have a DUI less than 10 years old, trying to get into Canada.....my hunch says no.
Reply With Quote Quick reply to this message
 
Old 05-16-2011, 08:04 PM
 
Location: The end of the road Alaska
852 posts, read 1,127,032 times
Reputation: 1623
No, they won't let you in Canada with a dui on your record at all no matter how you try to get there. I have a friend who's spent thousands on an attorney and five years trying to get to his property and cabin by boat up the Stikine river which crosses the canadian border 17 miles from where it empties near our town. It's rediculous but true, no telling if he will ever get to visit his property and cabin ever again.
Reply With Quote Quick reply to this message
 
Old 05-16-2011, 09:39 PM
 
398 posts, read 188,643 times
Reputation: 199
We need to lobby to change this ridiculous law. An offence with no mens rea (bad intent) required, a strict liability offense at that which doesn't even require one to be impaired but merely to blow over a certain arbitrary BAC limit, should not preclude one from traveling to Canada.
Reply With Quote Quick reply to this message
 
Old 05-17-2011, 08:36 AM
 
Location: Hougary, Texberta
2,895 posts, read 4,995,391 times
Reputation: 2882
Quote:
Originally Posted by Northbound81 View Post
We need to lobby to change this ridiculous law. An offence with no mens rea (bad intent) required, a strict liability offense at that which doesn't even require one to be impaired but merely to blow over a certain arbitrary BAC limit, should not preclude one from traveling to Canada.
It won't only preclude you from crossing the border, try doing it within the country...
Reply With Quote Quick reply to this message
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.

Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.


Reply
Please update this thread with any new information or opinions. This open thread is still read by thousands of people, so we encourage all additional points of view.

Quick Reply
Message:

Over $84,000 in prizes was already given out to active posters on our forum and additional giveaways are planned!

Go Back   City-Data Forum > World Forums > Canada
Similar Threads

All times are GMT -6.

2005-2014, Advameg, Inc.

City-Data.com - Archive 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25 - Top