Can you take a Canadian excursion with a felony conviction?

Friends of ours are planning on cancelling their excursion because they read somewhere on the boards that you can't get off the ship to tour if you have had a felony conviction in the United States. Does anyone know if that is true? I thought we'd have a wonderful time! Now, it seems like we may be crising alone...:( :confused:

That may be true.

I knew someone who had a felony conviction and anytime that she traveled within the US, she had to inform her probation officer.

I don't think she traveled out of the country until her 3 years probation was up.

They may try calling the Canadian Embassy.

Good Luck!

Where in Canada are you cruising?

There are very few cruises that go to Canada. Just make sure you are okay crossing the border. I think there are some rules about that with a Felony. Not sure how they KNOW, but...

Like any other legal question the frustrating answer is "it depends . . .": how "bad" was the offence, and how long ago was it? If the offence was minor and a long time ago (even as little as five years since conviction) it shouldn't be a problem at all - the immigration officer at the port has the discretion to admit your friend there and then - although clearing up the issue ahead of time may make more sense. You don't need to go to the Canadian Embassy in D.C. - any Canadian consolate can help and they are several in the NE USA and elsewhere (Boston, NYC, Buffalo etc) and they could probably give "anonymous" advice at least at first. Remember that the issue is how serious the offence is considered under Canadian law - for example DUI is not considered that big a deal in some states - in Canada this is a serious offence and could be punished by 5 years in jail if the matter is treated as an indictable offence (read: felony) although such sentences are very rare. My guess is that someone getting off a cruise ship will not likely even be asked unless it's on the form - but if he is asked the worst possible reaction would be for your friend to lie to the immigration officer - these people have no sense of humor!

Go to the Government of Canada website for more info: www.cic.gc.ca/english/visit/conviction.asp or if it's really a big problem see an immigration lawyer. Hope this helps.

There are very few cruises that go to Canada.

Huh? There are MANY fall cruises to Canada on many cruiselines:confused:

Wow, I never considered what it might be like for Americans visiting Canada... I just know it can be iffy entering the US. I have a friend who was convicted of shoplifting when she was 19... when she was 42 (yes, over 20 years and a full generation of maturity later), the border crossing guard refused to let her accompany me to my US po box and have lunch in the town about 10 minutes from the border... and then come right back into Canada.

So... the bottom line is that whoever is deciding whether or not someone can enter the country has the discretion to refuse whomever they want. I once missed a plane myself because the customs officials in my connecting airport thought I was 'too old' (and female probably) to be a math grad student. By the time they had searched my luggage and found a text book on combinatorial matrix theory that I was able to discuss (not that they understood anything I said :p ) I had missed my flight.

Back to the case at hand, though... does the cruise you're considering ONLY stop in Canada?

Legally speaking, you must be have no more than one conviction for what is deemed an indictable offence in Canada (without regards to how it was adjudicated in the US) and have been clear of probation for ten years.

Impaired driving is indictable in Canada, which is where some people run afoul.

The border guard can decide to allow you in, regardless. They especially do this when you are simply there for the day, but are less prone to do so when your visit is for longer. (ie the probability of stopping you on a one day visit on a cruise is lower than entering Canada by airplane and they don't have proof you are going to leave and no way of tracking you.)

The Canadian government's rules are less stringent than the US government's rules for Canadians. This is a game of quid pro quo. The US doesn't allow Canadians with convictions into the US at all unless they have a special permit. The data for this comes from the US department of Homeland Security. Check your record with Homeland Security and see how long the record has been clear.

Systems are very automated now, with name and date of birth, which we have to provide any felony conviction is easily found though NCIC. Have your fellow passenger talk with NCL, he or she may have trouble getting on board an Alaska cruise which goes into Canada, as does the Pearl in JUly (which we are on) that goes into Victoria. WE are going with 20 plus people and one family member is not going due to this "problem". I don't think they investigate the charge only a felony conviction which is * on computerized records.

One of our sons friends went to Canada and had to pay an extra $250.00 to get across the border because he had a DUI conviction from 4 yrs ago. Sometimes they won't even let you go over---just depends on how the boarder patrol feels at the time. Alot of college kids go from UND up to Canada and get turned back at the crossing because of similar offence.

I'd really get some more info from Canada before getting off the ship.

Hope everything turns out okay.

Retiredonthesea

One of our sons friends went to Canada and had to pay an extra $250.00 to get across the border because he had a DUI conviction from 4 yrs ago. Sometimes they won't even let you go over---just depends on how the boarder patrol feels at the time. Alot of college kids go from UND up to Canada and get turned back at the crossing because of similar offence.

I'd really get some more info from Canada before getting off the ship.

 

Hope everything turns out okay.

Retiredonthesea

I had a friend who had trouble entering Canada because she was only traveling with someone who had an arrest for disorderly conduct. (the arrest was due to her lady friend getting into an argument with her son-in-law and they did not even swap hits, but it was in a public place so the police carried them in...and this was years ago too)

My friend said the border agent held them up for several hours in a small room and was very insulting to her. He asked her if she made a habit of traveling with criminals!! Obviously on a power trip.

It seems like almost everyone here is talking about "driving" across the border from the USA into Canada.

However, on our cruises RT from Seattle when we've had port stops in Victoria or Prince Rupert, they just barely glanced at our passports (or driver's license) when we got off the ship. It was no big deal getting off the ship. :)

It would save most of us alot, if the OP would come back and better explain. If this is the Pearl on May 4th, it only stops in ONE Canadian port, and for the evening only. Therefore, they can go on just about any excursion. There might be one that crosses over into Canada if I remember right, but plenty of other alternatives.

The rest of this cruise is in the States. No problems.

I agree with the above poster. If they are talking about the Canada/New England cruise, there really aren't that many ports that aren't in the US.

My DH is Mr. Clean. Hell, he always drives at least 5 miles per hour under the speed limit...drives me crazy. 54 years old and never had a ticket of any type....ever.

Four years ago, he was selling produce on the side of the road when two officers approached and issued him a criminal citation for littering because there was some spoiled produce and corn silk/husks in the storm drain. He went to court and was found guilty. $700 fine and a criminal record for littering. Although he was issued probation (no jail time) and the probation is over, he has a criminal record.

For our upcoming Canada/New England cruise, we're just not worrying about it. If they stop him and refuse to let him get off the ship, so be it. He'll just hang out on the ship.

Yes, I think it's ridiculous but you can't fight city hall, or another country's regulations.

We took a group cruise to Alaska a couple of years ago and one member of our group wasn't allowed off the ship in Canada. He was "interogated" in a small room before we docked and, apparently, he didn't give the right responses because Canada wouldn't let him step foot onto their soil. They had a list and chose a number of people to "interogate" (sorry, his words) and wouldn't even let him go to the bathroom unescorted.

It was weird and I never did find out what it was all about or what he did.... boy was he mad though....I think livid would be more descriptive:eek:

So maybe if your friends have a felony, they just don't try to get off the ship on the Canada side. Still, they can enjoy the rest of the cruise.

I can answer for the OP...we know the same person.

The charge was theft-not robbery or armed robbery or anything violent and was plead no contest and given probation. The charge was 13 years ago and the probation ended 4 years ago. This person hasn't had any run-ins with the law in 13 years and no run-ins before this happened. There is an excurion that goes to the Yukon out of Skagway, then we dock in Victoria. Since no one had any idea about this before last week, it's entering crunch time-the cuise leave in just over a month.

How does Canada handle immigration into VICTORIA. Is it a glance and go on type of thing, like is done in St Thomas? It would be helpful if someone, who's cruised this intinery and knows someone with "issues" can help.

All I can say is that the border agent was waiting on my friend and her "criminal" friend when they arrived in Canada and went through customs. They really grilled both of them for a "crime" that had been committed years earlier. All of this for a mother-in-law getting into a shouting match with her son-in-law in a McDonalds! Mind you, these were two middleaged ladies traveling on vacation to Canada and they were held for several hours and interrogated.

Apparently the agent was flagged by the name on the manifest. So if it can happen when traveling on a plane, it can happen when traveling on a boat.

I am a police sergeant and we just had this training last night amazingly. The trainer told us anyone with even a misdemeanor CONVICTION of a people crime was required to notify the RMCP prior to passing into Canada over any boundary.

A CPL that works with me said when he went and they saw his badge that they pulled him over and asked over and over if he had a gun, pepper spray etc. He said they also searched his belongings extensively.

To get the definitive answer call them...

General Inquiries: 613-993-7267

I am a police sergeant and we just had this training last night amazingly. The trainer told us anyone with even a misdemeanor CONVICTION of a people crime was required to notify the RMCP prior to passing into Canada over any boundary.

 

Sorry for sounding dumb, but what is a "people crime"?

One thing people often forget is that the term "felony" is in the context of Canadian law, not US law. A very common example is DUI - that can be either a summary offence (what they call misdemeanor) or an indictable offence (felony.) They can charge the DUI as either, but for purposes of foreigners (US citizens) entering the country, they always consider DUI a felony.

The law is a bit complex but suffice it to say if you have had a DUI in the last 5 years, and they run you in the computer, you are not entering Canada.

It's a fact that the NCIC database (US criminal history) is accessible to Canada Border Services Agents, and likewise, Canadian's criminal history is available to the US counterparts.

With a cruise, they probably just run the entire passenger manifest through the computer before the ship docks. Anyone with a criminal history like a DUI, shoplifting, etc, even if it is very long ago (several decades) is not getting off the ship.

You can apply for a waiver but it takes a lot of paperwork and a lot of time. $200 to $1,000 depending on the offense just for the application, and you have to get fingerprinted, run the prints at the FBI and every state you have lived in for the last 10 years, get a copy of all court documents, get a copy of the relevant US and Canadian laws, and get three letters of reference from community members of good standing.

You have to prove your income and include a letter attesting to why you are rehabilitated.

Not too much, huh? Just a little bureaucracy to brighten your day.

Sorry for sounding dumb, but what is a "people crime"?

A crime against a person like an assault & battery, stalking etc.

As opposed to a property crime which is things like larceny, vandalism

One thing people often forget is that the term "felony" is in the context of Canadian law, not US law. A very common example is DUI - that can be either a summary offence (what they call misdemeanor) or an indictable offence (felony.) They can charge the DUI as either, but for purposes of foreigners (US citizens) entering the country, they always consider DUI a felony.

 

The law is a bit complex but suffice it to say if you have had a DUI in the last 5 years, and they run you in the computer, you are not entering Canada.

 

It's a fact that the NCIC database (US criminal history) is accessible to Canada Border Services Agents, and likewise, Canadian's criminal history is available to the US counterparts.

 

With a cruise, they probably just run the entire passenger manifest through the computer before the ship docks. Anyone with a criminal history like a DUI, shoplifting, etc, even if it is very long ago (several decades) is not getting off the ship.

 

You can apply for a waiver but it takes a lot of paperwork and a lot of time. $200 to $1,000 depending on the offense just for the application, and you have to get fingerprinted, run the prints at the FBI and every state you have lived in for the last 10 years, get a copy of all court documents, get a copy of the relevant US and Canadian laws, and get three letters of reference from community members of good standing.

 

You have to prove your income and include a letter attesting to why you are rehabilitated.

 

Not too much, huh? Just a little bureaucracy to brighten your day.

Wow! Where did you find this information? :confused:

Wow! Where did you find this information? :confused:

Here is one site you can read up on.

I agree with the above poster. If they are talking about the Canada/New England cruise, there really aren't that many ports that aren't in the US.

 

My DH is Mr. Clean. Hell, he always drives at least 5 miles per hour under the speed limit...drives me crazy. 54 years old and never had a ticket of any type....ever.

 

Four years ago, he was selling produce on the side of the road when two officers approached and issued him a criminal citation for littering because there was some spoiled produce and corn silk/husks in the storm drain. He went to court and was found guilty. $700 fine and a criminal record for littering. Although he was issued probation (no jail time) and the probation is over, he has a criminal record.

 

For our upcoming Canada/New England cruise, we're just not worrying about it. If they stop him and refuse to let him get off the ship, so be it. He'll just hang out on the ship.

 

Yes, I think it's ridiculous but you can't fight city hall, or another country's regulations.

This almost sounds like Alice's Restaurant..."have you been rehabilitated?" :D