Entry into Canada with U.S.A. misdemeanor

I have a family member that just received a Class C misdemeanor for talking on a cell phone in a school zone. We are leaving for an Alaska cruise ending in Vancouver. Does anyone know if she will have problems entering Canada with a misdemeanor?

Yes, there could be problems. I presume you mean she was talking on her phone while driving - can't imagine it's illegal to walk & talk! - and we take driving related offences much more seriously than you guys! The specifics of the case are paramount though - not just what penalty she actually got but what the CANADIAN penalty would have been if she had committed the offence up here... just because it's been described to you as 'talking on a cell phone in a school zone' does not mean that's a) actually the correct offence legally-speaking; b) the only offence committed; or c) the truth!

If it would also be 'just' a misdemeanour up here, and she doesn't have any other offences, she'll probably be OK - but depending on exactly what the offence she committed was she could end up having the equivalent of Dangerous Driving by our standards and have no hope of getting in for years!

But there's only one really useful piece of advice you can take about this from forum strangers - speak to the professionals. Find a lawyer who deals with this issue (Canadian admissibility requirements for US citizens with criminal records) and pay them to review the paperwork.

Otherwise I can only point you to the generic info from Canadian government about inadmissibility - but the Plain English end result is that if it's this season you do not have time to send in the paperwork for the offence to be 'pardoned' if that's what's needed, and if I'm getting the correct sense of when this happened from your post (very recently) then there's no way for her to be 'deemed rehabilitated' as you need to have had five+ years elapse after the fine/jail time/probation etc was finished.

A single reckless driving charge could very well make her inadmissible to Canada and as Martincath posted, you most likely don’t have enough time to apply for a Temporary Resident Permit. Get legal counsel NOW as she may very likely not be allowed to board, period

Sent from my iPhone using Forums

I disagree. Arriving by cruise ship in Vancouver and heading for the airport, they are hardly likely to tell you to get back on board.

Cell phone use and driving in Canada is punishable only with a fine and or demerits. Your friend should be just fine.

Go to the source, call the CBSA, why take the chance.

Sent from my iPad using Forums

Go to the source, call the CBSA, why take the chance.

 

 

Sent from my iPad using Forums

Excellent advice.

Keith

We called the CBSA and was told it would be up to the discretion of the agent at the time of entry into Canada. I guess we will find out when we get to the ship.

We called the CBSA and was told it would be up to the discretion of the agent at the time of entry into Canada. I guess we will find out when we get to the ship.

That’s what they told you? That’s not helpful at all. Hopefully all will be fine.

Cheers

Sent from my iPhone using Forums

That’s what they told you? That’s not helpful at all. Hopefully all will be fine.

Cheers

 

 

Sent from my iPhone using Forums

That's what CBSA say pretty much every time, unless you are definitively NOT getting in! If it is just a single low-risk misdemeanour, no other record, odds are definitely in favour of being allowed in - but all the unknown factors about precisely what the offence was make it impossible to offer an accurate opinion on. I don't want to get anyone's hopes up and then see them horribly disappointed.

Since you did come back OP there are two relevant things I can suggest - first, ensure that the person concerned actually brings the paperwork confirming what the offence was so that the CBSA agent does not need to 'assume the worst'; and second be aware that if initially refused, you can REQUEST a TRP at the border. This is a one-shot Visa involving a payment of $200 - so folks who are refused under the visa-free rules but are still not deemed a serious risk can visit or transit through Canada. There's not enough time to apply in advance, and CBSA are not allowed to offer it to folks they refuse (imagine the bad press if visitors were greeted with a statement of "Sorry, you cannot come in - but if you pay me $200 I'll reconsider"...) and it's still issued at the discretion of the agent at the point of entry so there are still no guarantees.