I know a guy...... Who has a DUI and some other infractions on his record (Most recent being 2007). Anyway, he is reformed now and has kept his nose clean since.

He wants to fly through Canada one of these days to get to AK with an airplane. He heard that he could be turned away at the border by Canadian Customs and Immigration because of this. He did some research on it and read that it is the discression of the border security whether or not they let you in.

Another rumor is that it can be cleared up right away (within a month or two) by contacting a Canadian attorney that handles cases like this (A Pardon? Read below).

Has anyone had experience with this? Or at least know someone who has?

This is from the CANPASS page of the CBSA site:

http://www.cbsa-asfc.gc.ca/prog/canpass/faq_air-eng.html

6. If I have had a criminal conviction, can I join the CANPASS - Private Aircraft program?
If you have been convicted of a criminal offence, you might not qualify for the program unless you have obtained a pardon.

For U.S. citizens and permanent residents: alcohol-related driving offences, such as driving while intoxicated, driving while ability-impaired, and driving under the influence of alcohol, are criminal offences in Canada. You may want to contact a Canadian embassy or consulate in the United States to discuss immigration admissibility and legislative requirements.

This is a common problem for people that come to our area to fish (I read about it on a fishing forum all the time) as well as from a friend that operates a tourist lodge. From what I understand, it is possible to get a one time waiver from Canada border security for $200. It would probably behoove anyone in this situation make a call and get the facts. The phone number for our local Canada border crossing is 807-274-3655, they are usually pretty good to work with and should be able to give you the answers.

Steve

I have a friend who; it is officially called getting rehabilitated , they have a special form to fill out, pay their fee, also need a state and FBI background check, you do not need an attorney unless maybe you are in a hurry. It takes a couple of months or more, then if approved (as my friend was) it is good forever, but you must keep original document with you, no more problems, they were nice about it, same scenario he had multiple DUI's 10+ years ago. Now he's good to go, no problem the border guys said we just want you to come up here spend some money, stay out of trouble go home, no problem they were cool about it, now good to come and go as they please. They like to go up and go fishing.

As with Salsa made in New York City, this topic "chaps my hide".

While I believe it is Canada's sovereign right to set their laws as it sees fit. The constitution of the US does not allow for a person to be tried or punished twice for the same crime. If a person in the US was convicted of a DUI, did his time, paid his fines, and successfully passed his probation, they should not be punished again. By providing this information to Canada the US is allowing person to be punished,again in this case by not being allowed to travel through Canada to AK, or having to pay another 'fine' to do so.

Simply put, I don't believe the US should be sharing this information with Canada.

Canadians who had a DUI or drug conviction are not allowed to enter the US either, even if they go on vacation to Mexico with a connection stop in the US.

Can't have it one way, Canada should not share that info either.

Headoutdaplane wrote:As with Salsa made in New York City, this topic "chaps my hide".

While I believe it is Canada's sovereign right to set their laws as it sees fit. The constitution of the US does not allow for a person to be tried or punished twice for the same crime. If a person in the US was convicted of a DUI, did his time, paid his fines, and successfully passed his probation, they should not be punished again. By providing this information to Canada the US is allowing person to be punished,again in this case by not being allowed to travel through Canada to AK, or having to pay another 'fine' to do so.

Simply put, I don't believe the US should be sharing this information with Canada.

If it is shared, it's inconsistent. I have a relative who has spent 2 tours in the Colorado prison system for alcohol-related offenses (obviously serious--I said "prison", not county jail), plus has had an additional offense for which he spent 2 years on probation. His brother has one DUI but is otherwise clean. Both went to Canada a few years ago. Neither did anything to "undo" their convictions.

Cary

Canada and the US share a common database for border crossings since last year. They both track movements of both countries citizens and how many days they spend in each respective country. Probably some other info in their too.

Cary wrote:If it is shared, it's inconsistent. I have a relative who has spent 2 tours in the Colorado prison system for alcohol-related offenses (obviously serious--I said "prison", not county jail), plus has had an additional offense for which he spent 2 years on probation. His brother has one DUI but is otherwise clean. Both went to Canada a few years ago. Neither did anything to "undo" their convictions.

Cary

It is inconsistent but the law itself is clear. I know people that have been in and out a few times, then the conviction shows up and they are barred. Once barred, it is really hard to get that set aside.

I've seen it both ways, Canadians trying to get into the US and Americans trying to get into Canada.

Hard to use the 'double jeopardy' defence too, as it isn't another trial. It is a law that says if you have a criminal record you are not welcome.

I haven't been to Canada since '71 as a kid so please forgive my ignorance, but, is this something that's asked on the entry visa? I don't ever remember questions regarding convictions entry paperwork before. Just curious.

Rich

I haven't flown to Canada but have driven many times. About half the time the gate keeper asks me if I have ever been arrested. I always answer no and then they always ask "Are you sure you have never been arrested?"

Last time I had to go inside and empty my pockets and sit on a bench while one searched on the computer and the other kept asking if I was sure I had never been arrested. After about 20 minutes she gave me back all my pocket stuff and said "Have a nice day". I asked her why they were always asking me if I have ever been arrested and she said, "Because you have a very common name so we have to do a lot of checking for arrest records."

PittsDriver wrote:I haven't been to Canada since '71 as a kid so please forgive my ignorance, but, is this something that's asked on the entry visa? I don't ever remember questions regarding convictions entry paperwork before. Just curious.

Rich

Rich,

You're missing out. 99% of our airspace is uncontrolled, lots of back country to explore. And don't get me started on the maple syrup.

There is no paperwork when you arrive by car. If you arrive commercially by air there is a form but no question about past conviction.

I assume it is something that pops up on their screen when they scan your passport, but not with 100% reliability.

Allan

albravo wrote:......There is no paperwork when you arrive by car. If you arrive commercially by air there is a form but no question about past conviction. I assume it is something that pops up on their screen when they scan your passport, but not with 100% reliability.

A guy I know was turned away due to DUI's when he took the ferry from Port Angeles across to Victoria. They just marched him right back onto the boat and away he went. He didn't get the Canadian vacation he wanted but he did get a nice quick round-trip boat ride.
FWIW this was before passports were required for ferry / air entry, all he had was his drivers license.

Headoutdaplane wrote:... If a person in the US was convicted of a DUI, did his time, paid his fines, and successfully passed his probation, they should not be punished again. By providing this information to Canada the US is allowing person to be punished,again in this case by not being allowed to travel through Canada to AK, or having to pay another 'fine' to do so. Simply put, I don't believe the US should be sharing this information with Canada.

A criminal record is a criminal record. If we shouldn't share info about DUI convictions, how about dope possession? How about dope dealing or production? How about assault? How about murder?
Once you decide that some criminal offenses are OK but others aren't, you start down a slippery slope figuring out where to draw the line.

As I recall, a failure of governmental agencies to properly share information was partially to blame for 9/11.

albravo wrote:

PittsDriver wrote:I haven't been to Canada since '71 as a kid so please forgive my ignorance, but, is this something that's asked on the entry visa? I don't ever remember questions regarding convictions entry paperwork before. Just curious.

Rich

Rich,

You're missing out. 99% of our airspace is uncontrolled, lots of back country to explore. And don't get me started on the maple syrup.

There is no paperwork when you arrive by car. If you arrive commercially by air there is a form but no question about past conviction.

I assume it is something that pops up on their screen when they scan your passport, but not with 100% reliability.

Allan

Thanks Allen.

Not a concern for me but good information to know nonetheless. Hopefully I'll get north this year.

Regards

A couple three years ago I was taking my two nephews on a sturgeon trip I booked on the Fraser in BC. We landed at Eckhart Intl and walked across the border to clear Canadian customs. Within seconds of scanning our passports the customs officer asked my oldest nephew and myself to wait outside. About 45 minutes later the officer walked out and in a very pleasant voice notified me that he was almost done and asked if I'd mind pushing my airplane across the border, just a formality he said. I did as he asked and then his demeanor made a 180. Seems my youngest nephew had a DUI eight years earlier when he was in high school, so he wasn't being allowed in Canada (unless he paid $250 to the Canadian government and waited two weeks at which point he would be considered a model citizen).

The officer then told me he was going to search my plane. He didn't understand why I would cross into Canada from Idaho when my destination was British Columbia. My demeanor now changed as well and I informed him if he took anything apart he'd be responsible for ensuring the aircraft was airworthy again. I think it appropriate at this point to say there were two Canadian customs agents manning this point of entry, one a French Canadian and the other from Western Canada, who I will add gave me sympathetic/apologetic looks.

Bottom line was we were turned back. My outfitter lost out on his revenue, the hotels and restaurants we would have used lost out on their revenue.

Now I had a new problem, getting back into the U.S. without having filed eAPIS or a flight plan. I pushed the plane back into the U.S. and walked to the U.S. Customs office, told them what had transpired and why and the four of them almost simultaneously said "what assholes". Pretty much summed it up I thought. They told me not to worry about eAPIS or a flight plan.

In retrospect I find this amusing as it occurred the same time that the citizens of Toronto Ontario supported their convicted drunk, drug addicted, stoner Major. He probably paid the $250, waited two weeks, and was now a model citizen.
http://www.cnn.com/2013/11/05/world/americas/canada-toronto-mayor-crack/

Power corrupts and absolute power corrupts absolutely - on both sides of the border - in fact everywhere in the world.

Thanks everyone for the responses and passing info along. It appears that my friend should contact a Canadian embassy to see about being "rehabilitated" for $200 USD plus what other expenses may be incurred in the process.

It would suck to be doing something like trying to take a vacation and enjoy the Canadian BC by aeroplane, and have it ruined for not knowing about a small detail like that.

I have a buddy who had a DUI and then got a job in Alaska a few years later. He was paranoid about driving up with all his moving boxes and then being turned around at the border. So he drove to Canada a couple months before his job start and just put it out there for the Canadian border agents. They looked up his info and said he's not in their database as having a DUI, but some other (can't remember) lesser infraction, so they said he's good to go.
He had no trouble driving up with his stuff later that summer.
And this was only last year, so depending how bad the DUI was, it might have been entered as something else?
Worth checking into.

Hey CI ;

Have your friend apply for a can pass. If they turn up something, they are the best to tell him what he needs to do to get the pass. Once he has the pass he probably never see a Canadian border agent again.

I think I have Seenan agent twice out of at least 50 trips across the border.

TD

In my experience much of the problem is when the US citizen when asked have they ever been arrested denies any history while the canadian customs agent is staring at his/her record. Honestly answering and explaining the circumstances leaves it up to the discretion of the officer which I have heard is usually positive when questions are answered honestly. Also in my experience the best answer for why are you going to Canada is "Going fishing." A huge amount of their economy is based on expensive fishing trips, fisherman can be rich and still look like dirtbags, and have loads of gear, and fisherman often leave plans wide open. When I have answered going camping or canoeing I get a whole different reaction and get my car/plane searched.