Cruising to Canada with a DUI

[Putterdude]

Note that most of this thread is nearly 4 years old. Things may have changed since those posts.

 

Yes Paul, things have changes in the past 4 years and here is a cut and paste of a post that I did on a couple of other threads in the last day or so:

 

I have been aware for sometime that there is no legislation that requires a cruise ship to provide a passenger manifest to Canadian Customs (CBSA), it was only done on a volunteer basis and only about 35% of the time. Which is why DUI and other offences were only detected occasionally. However, I did some reading on this topic yesterday and found that while there is still no manifest legislation, in 2013 CBSA established a protocol that said to the cruise lines either voluntarily provide a manifest or we will clear every passenger one by one in Victoria or any other first Canadian ports of call and that process would occur either on the ship or at the port. Well, you can only imagine what the delays would be like in Victoria....so it seems the cruise lines are now "voluntarily" providing manifests some 96 hrs before arrival in Victoria affording lots of time for CBSA to do their reviews. This is why we have seen an increase in the number of reports of people being told they are not eligible to enter Canada and that they must remain on the ship....or if they have outstanding arrest warrants being detained and turned over to local police, likely for deportation to the US or whatever country the are wanted in.

 

With this comes the caveat that a CBSA officer has total discretion when it come to who he or she admits.

 

Whether is me entering the US or an American entering Canada each country is a sovereign nation and entry is a privilege not a right. Therefore we must be respectful of each countries laws and conventions. We all likely have our horror stories of dealing with the customs officers on both sides of the border. However, they have a job to do and I my experience is that 99.9% are pleasant, respectful people if they are treated in a similar manner.

[njhorseman]

As others have suggested' date=' you should seek out legal advice from someone knowledgeable in the pertinent law. I have seen posts in the past from a few people who did run into the problem of being denied boarding in their port of embarkation. And that's probably what would happen if your friend's name pops up on the DOJ records -- he or she won't be allowed to even get on the ship.

 

This is akin to someone who fails to get a visa for a cruise itinerary that requires it. It's not a matter of not being allowed to go into port in Brazil (or wherever you're talking about that requires a visa), you won't even be allowed to go on the cruise. And there's no refunds of your cruise fare.[/quote']

 

For starters, the posters need for advice was long ago...you answered a post made in 2011.

 

Second, cruising to Canada with a prior DUI is NOT akin to not having a visa for a cruise that calls on Brazil. When Canada screens the passengers they will already have been on the ship. A passenger will just be prevented from coming ashore in the Canadian port.

Edited June 17, 2015 by njhorseman

[Theodorable]

Deleted

Edited June 17, 2015 by Theodorable

[CalgaryMac]

The bottom line is that cruises take us to foreign countries and while in that country, we are subject to their laws regardless of where we have our homes. I think that it is up to us to research what is expected if we have concerns. I think for the most part border people try to be helpful rather than hunt anyone down.

 

For American cruisers coming to Canada, you can't bring guns here. Many Americans are charged at our land borders for bringing guns, need to go to court, and have their guns confiscated. It's the law here and if you need to carry a gun (can't imagine why) check what you have to do before you reach the border.

[WisconsinFan]

Might it also depend on what state you are from? In Wisconsin a first offense DUI is not criminal in nature, it is more like a parking ticket (yes, before I hear the lectures about the number of drunk drivers we have in our state I know it, but that is how it is treated in Wisconsin) as long as you do not have a minor in the car. As it is a ticket you get a fine, and sometimes you have your license suspended.

 

With the number of Wisconsinites that travel every year to Canada to fish (oh and by the way Happy Canada Day!) I think I would have heard more about this being an issue.

 

Check with the folks in Canada about what will happen and not depend on those of us on a message board :)

[njhorseman]

Might it also depend on what state you are from? In Wisconsin a first offense DUI is not criminal in nature, it is more like a parking ticket (yes, before I hear the lectures about the number of drunk drivers we have in our state I know it, but that is how it is treated in Wisconsin) as long as you do not have a minor in the car. As it is a ticket you get a fine, and sometimes you have your license suspended.

 

With the number of Wisconsinites that travel every year to Canada to fish (oh and by the way Happy Canada Day!) I think I would have heard more about this being an issue.

 

Check with the folks in Canada about what will happen and not depend on those of us on a message board :)

 

No, it has nothing to do with what state you're from, it's Canada's laws that are governing the situation when you want to enter Canada, and DUI is a criminal offense in Canada.

[WisconsinFan]

njhorseman I just meant that it might look different on a background check done on someone from a state that issues a ticket and not one where it is criminal in nature. Would it even show up? I wouldn't know as I nor has anyone in my family had a DUI or even an underage drinking ticket (which is also very common here in Wisconsin). Most other states do treat it as a criminal offense, and as such would appear in a background check.

[Putterdude]

DUI is a summary offence under the criminal code of Canada. So if a conviction for a DUI is on you record then the offence will be treated as though it happened in Canada....a criminal offence. If your state treats the offence as a midameanour offence and it does not show up on a crim check then you won't have a problem entering Canada. However, baring deemed redemption regulations, a person with DUI offence on their record is not admissible into Canada.

[NoCal55]

Does anyone have any knowledge or experience of cruising to Canada with a DUI. ie, has the person been denied going ashore if customs finds out about a DUI? I know that rehabilitation can be granted but given the process and fees involved getting this it seems senseless to get this as the cruise we want to do has only two days in Canada. Has anyone ever just "winged it" and got to go ashore?

Thanks much,

 

Regarding your question about Canada and a DUI....we just returned from a Carnival Alaskan cruise and I also had this question because my daughter received a DUI a few years back. I investigated for weeks and came up with no conclusive answer to the question of whether she would be allowed to disembark in Victoria. I contacted the Canadian embassy and they wanted me to send her US passport to an office in Eastern Canada along with a $200.00 check for a "temporary residents VISA". I was unwilling to send her passport anywhere for fear of it being lost so made the decision to have her stay on the boat in Victoria.

 

As it turns out, her DUI never came up on the trip. We boarded in Seattle to avoid the border guards in Vancouver and she went right through check-in. Paperwork to disembark in Victoria is given to all passengers and we filled out one form for our whole family. As we left the ship, the only thing required was our stateroom card key. We never had to show our passports in Victoria. Bottom-line, for us it turned out to be a non-issue.

 

Having said that, I made sure our Alaskan excursions did not enter Canada, i.e. train rides in Juneau or Ketchikan, so look out for this. I didn't want to take the chance my daughter would have to come face-to-face with a Canadian border guard.

 

I hope this information helps. Good luck.

[donaldsc]

One thing that has not been said is that Canada appears to treat DUI violations more seriously that the US does. Witness the number of people driving around with multiple high alcohol level DUI arrests. It is about time that the US treats the drunk driving problem in the manner that it deserves.

 

DON