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You are making the mistake of assuming what qualifies as a "trivial misdemeanor" charge south of the border is going to looked at the same way here. In some American states, DUI is a misdemeanor charge. However, it is considered a serious charge in Canada, as is marijuana possession.
Just to put a finer point on this, Canada does not care about misdemeanors or felonies. What matters to Canada is the answer to the following question:
"Would this foreign conviction, if prosecuted in Canada under Canadian law, equate to a Canadian criminal conviction?"
(Note the lack of the words "felony," "misdemeanor," "summary," or "indictable." What's key are the words, "Canadian criminal conviction.")
In the case of DUI/DWI, it almost always does. In Canada, a charge would be laid under s. 253 of the Criminal Code; and if the prosecution was successful, the accused would be convicted, and carry a criminal record. Thus, a Canadian criminal conviction.
So, a mythical American tourist, arriving at the Canadian border, and admitting to a DUI conviction ("But it was only a misdemeanor!") is going to be out of luck. Even an American misdemeanor conviction can equate to a Canadian criminal conviction.
trivial crimes or not, its the AMOUNT you have that can land you in questioning. if you show a solid history of breaking the law you can bet your ass they wont let you in.
the same goes for trying to cross and shunning off any criminal history when asked...you where untruthful about it.
they have zero reason to trust you at your word. which is where those fancy waivers come in
Last edited by rego00123; 08-14-2013 at 05:01 PM..
Well, then I guess Canada's "Approval of Rehabilition" is a bargain at only $200. It still seems like a shakedown to me. But the 200 bucks wouldn't be a deal breaker....I just wish you could pay at the border and skip the onerous application process.
I guess I just don't understand why one would have to apply for "approval" of something that is self-evident in my criminal record....that I have not re-offended in the ensuing 27 years.
I will still apply for my "Approval", but I guess a Canadian vacation this Summer is out of the question. I looked at the form and there is information required that I may have some difficulty obtaining, like exact conviction date, statute number under which I was charged, my address in 1971, etc. And I'm quite sure any discrepancies caused by lapses of memory of events that occurred decades ago would result in rejection of my application.
Say, my second vacation destination is Ireland....does anyone know if they have similar requirements to enter the Country?
Thanks for everyone's input!
PS: I fully realize the seriousness of driving after drinking....but a simple (no accident) DUI in Virginia is a misdemeanor NOT a felony. I was tried in TRAFFIC Court. If I had injured someone and been tried in Circuit Court of felony DUI....I would be much more accepting of the moniker "criminal"! In fact, had I been charged with DUI just a few months earlier, it would have been reduced to reckless driving upon completion of the alcohol safety priogram.
Do you just pay the $200 at the border crossing or does that all need to be taken care of beforehand? My husband has a DWI from 10 years ago in the states. Can he just call the consulate to find out what to do? We don't want to get denied b/c he didn't know about some papers he needed. (I'm clean)
Do you just pay the $200 at the border crossing or does that all need to be taken care of beforehand? My husband has a DWI from 10 years ago in the states. Can he just call the consulate to find out what to do? We don't want to get denied b/c he didn't know about some papers he needed. (I'm clean)
I would just call, Jdawg. Hear it right from the source, instead of a message board.
You need to figure out the ten years carefully. If it is ten years from the date of discharge from probation or release from jail (whichever is later), he might be eligible for "deemed rehabilitated" which means that he is now admissible.
Small amounts of marijuana aren't usually not a problem with the Canadians as long as it isn't sales. Where the amount in question is under thirty grams of cannabis or one gram of cannabis resin, the accused can only be punished on summary judgment carrying a maximum sentence of $1,000 and/or up to six months in prison. That means you don't run into criminality problems
The US cares about marijuana, but it doesn't equate to an indictable offense. You usually need an I-94 waiver. By the way, you can be denied admission to the US if you have a history of drug usage even though you weren't convicted. In 2007, a BC Professor was denied admission to the US because he admitted trying LSD in 1967:
I am planning to ride my scooter/motorcycle to Nova Scotia this summer. I do not have a criminal record so I'll just be as polite as possible. Where can I find information about a long stay in Canada as a tourist?
A US citizen can stay in Canada for up to six months without a visa or permit, but if Canadian Customs thinks you are living or working there they can deny you a visit. Incidentally, Canadian Customs actually has more discretion the other way as well. For example, if you live in Point Roberts, Washington (a US city only accessible from Canadian) Canadian customs will not count forty minute drives through Canada to the rest of Washington against the six month period.
You should always be polite to Customs. The people who do You Tubes of themselves being jerks to the CBP or CBSA are morons. They have too much power. For example, US Customs can summarily bar a Canadian for up to five years if they believe you have given a false or deceptive answer at the point of entry. That is a mighty subjective call.
I live right on the border and have crossed many hundreds of times. I have never experienced any problems at all from the American or the Canadian officials. I think they have a difficult job and in the vast majority of cases do it well.
I wasn't knocking either border service. If you go to YouTube you'll find a bunch of jerk's tryings to cross the border with homemade id cards proclaiming themselves sovereign citizens. There is one out of some guy in a small town in Vermont or equivalent where the agent says something "Hi Frank, how are Ethel and the kids" and he pulls out a homemade citizen of the world passport and the agent says "I'll admit you on parole Frank because I know who you are, but this isn't good ID and I don't know what you're thinking." He posts it as proof that ID isn't needed.
CBP has discretion to admit you with secondary proof of citizenship in extraordinary cases (e.g., a stolen wallet), but be prepared for a five or second wait at secondary while someone digs into your records.
I live right on the border and have crossed many hundreds of times. I have never experienced any problems at all from the American or the Canadian officials. I think they have a difficult job and in the vast majority of cases do it well.
I would consider yourself lucky.
I cross from the US to Canada regularly. For many years, I didn't have any issues. However, I was stopped at the border the day after my partner of 8 years died. It was the day after I found out about his death...thought it would be the same as it had been for 5 or 6 years. Nope. I was interrogated for close to an hour by Canadian officials. Apparently, I had more "stuff" in my car than they thought was appropriate. Really?
Apparently someone at the border was having a slow day.
In the majority of cases, they do it well, but really, why did they stop me 4 weeks ago? It was a SLOW day at the border and they needed something to do. And, of course, it's a bonus when an American gives them a reason to deny entry.
I got through, and had to laugh when I did, because they had absolutely nothing to worry about me....(as they had for the past 7-8 years). But, yeah, it's still BS when they give me crap.
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